Quality Growth Resource Team Report t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff South Georgia t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff August 5 - 9, 2002 t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffe t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawk y t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coff t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Hawkinsville t Vienna t Coffee County t Moultrie t Haw South Georgia Quality Growth Resource Team The Quality Growth Resource Team for four communities in South Georgia was brought together in August, 2002 through a collaboration between the City of Hawkinsville, the City of Vienna, Coffee County, the City of Moultrie, the Georgia Department of Community Affairs, and the Georgia Quality Growth Partnership, a state wide coalition of government agencies, universities, non-profits and business groups working to provide technical assistance on "smart growth" issues to Georgia communities. The multidisciplinary resource team was made up of specialists in city planning, real estate development, urban design, historic preservation, architecture, resource conservation, and housing. The team traveled to each of the four communities and focused their study on particular projects or focus areas designated by community leaders. The visit to each community began with a facilitated meeting involving a broad cross section of community stakeholders (selected by each community), designed to give the team members a deeper understanding of development issues and needs of the community. During the stay, the team toured the project area, visited area buildings, spoke with local officials, reviewed local ordinances, conducted field surveys, prepared schematic design solutions, and formulated final recommendations. Each visit culminated with a final meeting with key stakeholders to present and discuss the team's recommendations. The final recommendations for each community are included as separate sections in this report. The Resource Team would like to thank the local government staff, elected officials, and stakeholders for making us feel so welcome in each community. The ideas and solutions proposed here are only a beginning intended to stimulate interest in pursuing quality growth approaches in each community. Visit Schedule Monday, August 5 12:00 PM 1:00 4:00 PM 4:00 PM 7:00 PM Tuesday, August 6 9:00 AM 5:30 PM 5:30 PM Wednesday, August 7 11:30 AM Stakeholder Meeting in Hawkinsville Team project work in Hawkinsville Final Presentation Meeting in Hawkinsville Stakeholder Meeting in Vienna Team project work in Vienna Final Presentation Meeting in Vienna Stakeholder Meeting in Coffee County 1:00 7:00 PM Thursday, August 8 9:00 AM 12:00 PM 12:00 PM 3:00 PM 4:00 PM 8:00 PM Friday, August 9 9:00 AM 12:00 PM 12:00 PM Team project work in Coffee County Team project work in Coffee County Final Presentation Meeting in Coffee County Stakeholder Meeting in Moultrie Team project work in Moultrie Team project work in Moultrie Final Presentation Meeting in Moultrie Resource Team Members Casey Bray Ga. Dept. of Community Affairs Region 8 Julie Brown Ga. Dept. of Community Affairs Growth Management Chip Cannon Jordan Jones & Goulding Jo Childers Ga. Dept. of Community Affairs Downtown Development Nancy Cobb OneGeorgia Authority Dave Cranford Ga. Dept. of Community Affairs Downtown Development Cindy Eidson Ga. Dept. of Community Affairs Downtown Development Stan Ellis Ga. Dept. of Community Affairs Region 4 Corey Fischer Ga. Tech. Research Institute Kelly Folsom-Lane Ga. Dept. of Community Affairs Region 11 Jim Frederick Ga. Dept. of Community Affairs Growth Management Julianne Hudson Ga. Dept. of Community Affairs Region 10 Walter Kawa Ga. Dept. of Community Affairs Design Services Kent Kirbow Ga. Dept. of Community Affairs Housing Finance Chrissy Marlowe Ga. Dept. of Community Affairs Growth Management Janet Moehle The Georgia Conservancy Joy Moten-Thomas Ga. Dept. of Community Affairs Region 6 Spencer Mueller Ga. Dept of Community Affairs Region 10 Joanie Perry Ga. Dept. of Community Affairs Financial Assistance Scott Purvis Ga. Dept. of Community Affairs Region 11 Martha Reimann Ga. Dept. of Community Affairs Design Services Yossi Sarid Ga. Dept. of Community Affairs Coordinated Planning Christine Williams Ga. Dept. of Community Affairs Region 8 Adriane Wood Ga. Dept. of Community Affairs Region 6 Coffee County: Oak Park Community Quality Growth Resource Team Recommendations Immediate Actions The following actions would begin immediate turn-around of the neighborhood: Code enforcement use fines and condemnation powers as necessary. Hold property owners responsible for bringing properties up to code compliance. Begin neighborhood clean-up efforts contact Keep Georgia Beautiful for ideas and advice. Re-establish sheriff's substation with 24 hour staffing. Involve community residents in identifying neighborhood needs and refining the long range development plan (below). Continue meetings of stakeholders (the group that met with the resource team plus community residents/leaders) to discuss community issues and guide implementation of the long-range development plan (below). This "Friends of Oak Park" group should include: 1. Churches 2. Medical Community 3. Residents 4. Public Agencies 5. Private Supporters 6. Non-Profits 7. Civic Associations Continue the Hope Center efforts, plus add the following enhancements: 1. Extend public health facilities 2. Add public transit pick-up location 3. Have a DFACs case worker on site 4. Start a mentor program for youth 5. Add a bilingual staff member 6. Local Crisis "Hot Line" with Call Box located at the Center 7. Hold special events to raise community awareness Offer classes to community residents (perhaps through Hope Center): 1. Basic Home Economics 101 2. Tenants Rights 3. Empower the Tenants 4. Financial Literacy Establish the following organizations in the neighborhood: 1. Tenant association 2. Neighborhood Watch program 3. Boys and Girls Clubs 4. Inter-racial Ministerial Association 5. Oak Park Ambassadors 6. A "phone tree" to spread the word in the community about events and programs Involve the local media in building awareness throughout Coffee County of the problems in Oak Park, through human interest stories, etc. Long-Range Development Plan A detailed plan for redevelopment of Oak Park should be prepared, consistent with the attached concept (see illustration 1). The Georgia Urban Redevelopment Law should be utilized to implement this plan (see Attachment A for a summary of this law). Involve community residents and stakeholder group in developing the plan for the community. The plan should provide for phased upgrade of the community (neighborhood-by- neighborhood) over the next generation. The plan should carefully identify environmentally sensitive areas (floodplains, wetlands, poor soils, etc.) where new housing or other structures will not be located as the community redevelops. These environmentally sensitive areas might best be set aside as passive parks for the enjoyment of community residents. Paved roads, sidewalks, water, sewer, and electricity should be provided throughout the community. Funding sources: 1. To prepare the plan Local Development Fund or Quality Growth Grant Program 2. To implement the plan CDBG & local sources Neighborhood Service Center The long range development plan should include first-phase development of a Neighborhood Service Center. This center would include several buildings and would be built around the existing Hope Center, which is within convenient walking distance of all parts of Oak Park. The following businesses, services, or activities should be housed at the center to meet the daily needs of community residents: Grocery store Health Department (including mental health & DFACS) Sheriff's Department substation Teaching facilities: 1. GED training 2. Basic computer 3. Literacy training 4. English as second language Laundromat Recreational activity center Small business office space Transit pick-up location 2 Housing Programs The following housing programs and resources could be used to bring about the housing improvements called for in the long range development plan: Relocation during redevelopment: 1. Identify comparable rental units within Coffee County and/or low to moderate income housing opportunities. 2. Start renovation and/or rehabilitation in phases based upon availability of rental and/or housing availability. 3. Work with residents on rental and homeownership interests: a) Involvement of local financial organizations through Federal Home Loan Bank (membership required) b) City partnerships with non-profit organizations to do homebuyer education (English and Spanish) c) Creation of City loan programs through CDBG (ie. First Time Homebuyer, Rental rehabilitation program) Home buyer education counseling (English and Spanish) Renovation programs: 1. Rebuilding Together 2. USDA/RD restoration loans and grants to elderly households 3. Community Home Investment Program (CHIP) Home ownership: 1. USDA/RD Direct and Guaranteed Loan programs 2. Habitat for Humanity 3. Federal Home Loan Bank (FHLB) 4. DCA Home Buyer Mortgages & OwnHOME down payment loans Rental housing: 1. DCA Rural Rental Housing Development Fund 2. USDA/RD rural rental a) Direct and Guaranteed Loans b) Farm Labor Housing 3. HOME CHCO Predevelopment Loan Program (DCA) Manufactured Housing Concept To guarantee a true "neighborhood" appearance for the revitalized Oak Park, the following cosmetic improvements and design standards should be required of new manufactured housing locating in the community (see illustration 2): Require roofs with pitches of 7 or 9 to 12 slope Roof must be tin or vinyl shingle Require front porches or side wrap-around porches Siding must be vinyl, clapboard, or shingle-look Encourage modular fireplaces attached to each home Foundations should be cinder block or have a stucco appearance Encourage a variety of roof pitches, porch styles, and home sizes on each block Allow small private yards with landscaping or shared green space on the interior of the larger blocks Front yards should not be fenced 3 Ordinances & Infrastructure The following additional actions are necessary for effective implementation of the long range development plan: Exercise revised public nuisance ordinance as permitted by O.C.G.A. 41-2-7 (see Attachment B for model code section). Rezone all interior parcels in Oak Park as Medium Density Planned Unit Development (see Attachment B for model code section). Commercial and multifamily development, as well as manufactured housing (including double-wides) can be allowed in this category. Rezone perimeter parcels to R-1, which does not allow mobile homes. Adopt design review guidelines for Oak Park as a Redevelopment Specific Master Plan (see Attachment B for model code section). Revise subdivision regulations to enhance road specifications (see Attachment B for model code section). Place sewer lines along planned routes for water lines and designate location for a solid waste treatment facility. 4 Illustration 1: Long Range Development Concept Illustration 2: Manufactured Housing Concept Summary of Georgia's Urban Redevelopment Act (O.C.G.A 36-61-1) Purpose: Gives cities broad powers to redevelop blighted or threatened areas of the community. Allows communities to use eminent domain to buy and assemble property for revitalization and resale. Does not require a referendum. The required Urban Redevelopment Plan (URP) is fairly easy and inexpensive to prepare and amend. Can be implemented either by a Downtown Development Authority (DDA) or a Redevelopment Authority appointed by the city. Encourages involvement of private enterprise/public private partnerships to redevelop neglected areas of the community. Permits use of tax exempt bonds for redevelopment purposes. These may be secured by loans and grants. Lets the public know what is being planned for the redevelopment area. Guides City investments in infrastructure to support redevelopment. Allows the City to negotiate variances and wave many requirements of its existing zoning and development requirements in order to achieve the optimum economic and aesthetic results in the redevelopment area. Process: Draft the Urban Redevelopment Plan. Hold a public hearing. Adopt the plan. Appoint an organization (urban redevelopment authority or DDA, city redevelopment agency) to implement the plan. Implement the plan. What is an Urban Redevelopment Plan? A general blueprint for redevelopment and targeting of public investments in the redevelopment area. Required components of the Urban Redevelopment Plan: Statement that the URP is consistent with the city's comprehensive plan. Clearly defined boundaries of the redevelopment area (need not be contiguous). Explanation of negative conditions in the area necessitating redevelopment. The city's land use objectives for the area (types of uses, building requirements, zoning changes, and development densities). Description of land parcels to be acquired and structures to be demolished or rehabilitated. A workable plan for leveraging private resources to redevelop the area. A strategy for relocating any displaced residents. Any covenants or restrictions to be placed on properties in the redevelopment area in order to implement the plan. Public infrastructure to be provided transportation, water, sewer, sidewalks, lighting, streetscapes, public recreational space, parking, etc. to support redevelopment of the area. A workable financial strategy for implementing the plan. 1 1 3-6 2 3 4 5 3-6-1 6 3-6-2 7 3-6-3 8 3-6-4 9 3-6-5 10 3-6-6 11 3-6-7 12 3-6-7.1 13 3-6-7.2 14 3-6-7.3 15 3-6-7.4 16 PUBLIC NUISANCE CONTENTS PURPOSES DEFINITIONS ILLUSTRATIVE EXAMPLES OF NUISANCES NUISANCE PROHIBITED NOTICE TO ABATE CONTENTS OF NOTICE PROVISIONS FOR SPECIFIC NUISANCES Animals Abandoned Vehicles Trees and Other Vegetation Noise 17 3-6 18 PUBLIC NUISANCE 19 Commentary: A public nuisance Resolution [Ordinance] can address some of the more 20 annoying and unsafe activities, such as loud noises, stagnant water, abandoned vehicles, 21 accumulation of junk, tall weeds and grass, animals roaming at large, and so forth. What 22 constitutes a public nuisance in one community may be acceptable in another. 23 Furthermore, what may be intolerable in an urban residential neighborhood may be 24 acceptable in a rural area. This module provides a public nuisance Resolution [Ordinance] 25 that makes it unlawful to allow or maintain certain activities and conditions, and calls for 26 the abatement of such unlawful activities or conditions. The County or City is authorized 27 to abate public nuisances that have not been corrected. 28 29 3-6-1 PURPOSES 30 31 It is important for a community to appear clean, well kept, and generally clear of public 32 nuisances, eyesores, and unhealthy conditions. The appearance of a community weighs 33 heavily in the decisions of prospective residents and businesses in locating to a particular 34 area. A clean, safe, and well-kept community can stabilize or increase property values, 35 provide a healthy environment, and make citizens proud of the area in which they live. 36 Accordingly, a community needs a set of regulations to keep the area clean, remove 37 unsightly conditions, and prevent unhealthy and unsafe situations from occurring. It is 38 therefore the purpose and intent of this Resolution [Ordinance] to encourage a clean, 39 healthy, and satisfying environment; one free of nuisances, eyesores, and unhealthy, 3-6 Public Nuisance April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 unsafe, or devaluating conditions. To this end, this Resolution [Ordinance] seeks to 2 regulate and protect the health, safety, welfare, values, and aesthetics of properties. 3 4 3-6-2 DEFINITIONS 5 6 For the purposes of this Resolution [Ordinance], the following words are defined: 7 Abandoned vehicle: A vehicle, including cars, trucks, trailers, boats, motorcycles, 8 recreational vehicles, mobile homes, manufactured homes, or any other similar vehicle, 9 that meets one or more of the following conditions: 10 (a) Has been left unattended upon a highway, street, or alley or other public property 11 outside a designated parking space for a period of 48 hours; and/or, 12 (b) Is within public view and is inoperable, partially or wholly dismantled, wrecked, 13 junked, discarded, or of similar condition, or any vehicle without a current license 14 plate if required by law, and is located outside of an enclosed building, garage, 15 carport, wrecked motor vehicle compound, or other place of business designated 16 and lawfully used for the storage of such inoperable vehicles, for a period 17 exceeding 30 days. 18 Nuisance: Anything that causes hurt, inconvenience, or damage to another, and the fact 19 that the act done may otherwise be lawful, shall not keep it from being a nuisance. The 20 inconvenience complained of shall not be fanciful, or such as would affect only one of 21 fastidious taste, but it shall be such as would affect an ordinary, reasonable person. 22 23 3-6-3 ILLUSTRATIVE EXAMPLES OF NUISANCES 24 25 The following conditions, whether on occupied or unoccupied lands, public or private 26 property, are hereby declared to be and constitute a public nuisance and shall be abated; 27 although this section shall not be construed to be limiting with regard to its enumeration of 28 public nuisances. 29 (a) Weeds or grass allowed to grow to a height greater than 12 inches on the average, 30 or any accumulation of dead weeds, grass, or brush, that may provide safe 31 harborage for rats, mice, snakes and/or other vermin. 32 (b) Vegetation that obstructs the safe passage or line-of-sight of motorists or 33 pedestrians at an intersection or driveway connection with a public or private street 34 or alley, or along any street or sidewalk. 3-6 Public Nuisance April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 (c) Dead or dying trees or other vegetation which may cause a hazardous situation if 2 they fall. 3 (d) Accumulation of rubbish, trash, refuse, junk, construction debris, and other 4 abandoned materials, metals, lumber, or other such items. 5 (e) The keeping or maintenance of one or more abandoned vehicles in public view or 6 in a manner inconsistent with this Resolution [Ordinance]. 7 (f) The carcasses of animals or fowl not disposed of within a reasonable time after 8 death. 9 (g) Any building or other structure which is in such a dilapidated condition that it is unfit 10 for human habitation, or kept in such an unsanitary condition that it is a menace to 11 the health of people residing in the vicinity thereof, or presents a fire hazard. 12 (h) All noises which may annoy or inhibit others in their enjoyment of the use of their 13 property. 14 (i) All disagreeable or obnoxious odors or stenches, as well as the conditions, 15 substances or other causes which give rise to the emission or generation of such 16 odors and stenches, including smoke and fires. 17 (j) The pollution of any public well, stream, lake, canal, or body of water by sewage, 18 dead animals, creamery, industrial wastes, agricultural wastes, industrial wastes, 19 or other substances. 20 (k) Any building, structure, or other place or location where any activity is conducted, 21 performed or maintained in violation of local, state, or federal law. 22 (l) Any accumulation of stagnant water. 23 (m) Any method of human excretion disposal which does not conform to the provisions 24 of local ordinances, or state or federal law. 25 26 3-6-4 NUISANCE PROHIBITED 27 28 It shall be unlawful for any person, firm, corporation or other entity to cause, permit, 29 maintain, or allow the creation or maintenance of a nuisance, as defined or more 30 specifically described in this Resolution [Ordinance]. 31 32 3-6 Public Nuisance April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 3-6-5 NOTICE TO ABATE 2 3 Whenever a nuisance is found to exist within the jurisdiction of the County [City], the Land 4 Use Officer shall give written notice to the owner or occupant of the property upon which 5 such a nuisance exists or upon the person causing or maintaining the nuisance, to abate 6 the nuisance. 7 8 3-6-6 CONTENTS OF NOTICE 9 10 The notice to abate a nuisance issued under the provisions of this Resolution [Ordinance] 11 shall contain the following: 12 (a) An order to abate the nuisance or to request a hearing within a stated time, which 13 shall be reasonable under the circumstances; 14 (b) The location of the nuisance, if the nuisance is stationary; 15 (c) A description of what constitutes the nuisance; 16 (d) A statement of acts necessary to abate the nuisance; and, 17 (e) A statement that if the nuisance is not abated as directed, the County will file an 18 action in Magistrate Court [City will file an action in Municipal Court] to abate the 19 nuisance. 20 21 Commentary: This module has been written to be consistent with O.C.G.A. 41-2-1. 22 O.C.G.A. 41-2-5 authorizes cities to go to the municipal court and counties to magistrate 23 court for abatement of nuisances. The courts have the power to hold a person in 24 contempt if a nuisance is not abated. In addition, a city or county could make the failure to 25 abate a nuisance a misdemeanor if not done after notice. 26 27 3-6-7 PROVISIONS FOR SPECIFIC NUISANCES 28 29 3-6-7.1 Animals. No domestic animals shall be permitted to run at large within 30 the County [City] limits. It shall be unlawful for any domestic animal to be running at large 31 on the streets or sidewalks of the County [City], unless said domestic pet is under the 32 control of a leash, collar, or chain. It shall be the responsibility of the owner of any 33 domestic animal to provide a proper enclosure or structure secured from the ground to a 34 sufficient height so that the animal cannot escape enclosure. Structures for horses, cows, 3-6 Public Nuisance April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 or other livestock shall not be located closer than 100 feet of any property line. All animal 2 enclosures or yards shall at all times be kept in a clean condition to prevent any condition 3 detrimental to the public health of the County [City]. No more than one horse, cow, or 4 other type of livestock shall be kept per acre of land. No person shall deposit or cause to 5 be deposited, the carcass of any dead animal in the streets, roads, alleys, woods, or 6 waters within the County [City] limits. 7 8 3-6-7.2 Abandoned Vehicles. It shall be unlawful to keep or maintain an 9 abandoned vehicle as defined by this Resolution [Ordinance], and any abandoned vehicle 10 is hereby declared to be a public nuisance and shall be abated as provided in this 11 Resolution [Ordinance]. 12 13 3-6-7.3 Trees and Other Vegetation. It shall be unlawful for the owner or 14 occupant of any lot or land lying and abutting on an intersection of two streets or the 15 intersection of a driveway and a street to allow any trees, shrubs, or bushes lying on said 16 lot or land to grow to a height or in a manner which restricts the line of sight, or which 17 threatens safety or restricts passage of motorists or pedestrians within a public right-of- 18 way or sidewalk. 19 20 3-6-7.4 Noise. It shall be unlawful for any person to create or assist in creating, 21 permit, or continue any unreasonably loud, disturbing, or unnecessary noise in the County 22 [City]. Noise of such character, intensity, and duration that is detrimental to the reasonable 23 comfort, health, or life of any individual is prohibited. The following acts, among others, 24 are declared to be loud, disturbing, and unnecessary noises that constitute a public 25 nuisance in violation of this Resolution [Ordinance], and which shall be abated. 26 (a) The keeping or maintenance of any domestic animal which, due to prolonged or 27 habitual barking, howling, whining, or other noises, causes annoyance to 28 neighboring residents, or interferes with the reasonable use and enjoyment of the 29 premises occupied by such residents, is hereby declared to be a public nuisance 30 and shall be abated as provided in this Resolution [Ordinance]. 31 (b) The sounding of any bell, horn, whistle, mechanical device operated by 32 compressed air, or signal device while not in motion, except as a danger signal, for 33 an unnecessary and unreasonable period of time. 34 (c) The use of any siren, other than police, fire, or emergency vehicle. 3-6 Public Nuisance April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 (d) The use or operation of any musical instrument, radio, loud speaker, or sound 2 amplifying device so loudly as to disturb persons in the vicinity thereof. 3 (e) The erection, excavation, demolition, alteration, or repair of any building or 4 structure in the vicinity of residential dwellings between the hours of 10:00 p.m. 5 and 7:00 a.m., except in the case of urgent necessity in the interest of public 6 safety, and then, only with a permit from the Land Use Officer. 7 (f) The creation of excessive noise on any street adjacent to any school, institution of 8 learning, court, or religious congregation while the same are in session, or within 9 150 feet of a hospital which unreasonably interferes with the working of such 10 institution. 11 (g) The shouting or crying of peddlers, vendors, or residents which disturbs the peace 12 and quiet of a residential area. 13 (h) The unnecessary creation of loud or excessive noise in connection with unloading 14 or loading vehicles or merchandise. 15 (i) The use of any vehicle that is in a state of disrepair as to create loud or 16 unnecessary grinding, rattling, backfiring, or other noise. 17 18 Any one of these enumerated nuisances, if violated, would be a misdemeanor and could 19 be prosecuted in the local court just as the violation of any other ordinances. 20 21 Commentary on noise regulation: The above nuisance provision on noise overlaps the 22 regulations proposed in the model code in Section 3-1-2. Local governments that adopt 23 that module and this nuisance provision on noise may need to reconcile the two provisions 24 for consistency, or choose between the two provisions. 25 26 Commentary on making this Resolution [Ordinance] stand-alone: This module is written as 27 a part of an overall land use management system. However, it can be easily adopted as a 28 stand-alone Resolution [Ordinance], if the following other provisions are included in the 29 adopted Resolution [Ordinance]: 30 31 2-0-1(A) PREAMBLE (although some of it may not be considered necessary) 32 2-0-2 EFFECTIVE DATE 33 2-0-3 LEGAL STATUS PROVISIONS 34 2-0-4 ADMINISTRATION, APPEALS, ENFORCEMENT, AND PENALTIES 35 3-6 Public Nuisance April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 References: 2 3 Adapted from: Nuisance Abatement Program and Ordinances, Erwin, North Carolina. 4 Washington, DC: International City Management Association, Clearinghouse Report 5 #38415, 1986. 3-6 Public Nuisance April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 4-7 RURAL CLUSTERING 2 3 CONTENTS 4 4-7-1 TITLE 5 4-7-2 PURPOSE AND INTENT 6 4-7-3 DEFINITIONS 7 4-7-4 APPLICABILITY 8 4-7-5 RURAL CLUSTER MANDATE 9 4-7-5.1 Planning Commission Authority 10 4-7-5.2 Requirements for Denying a Preliminary Plat 11 4-7-5.3 Appeal 12 4-7-6 RELATIONSHIP TO LAND SUBDIVISION REGULATIONS 13 4-7-7 DESIGN REQUIREMENTS RURAL CLUSTERS AND CLUSTER LOTS 14 4-7-7.1 Density Clustering 15 4-7-7.2 Area of Lots 16 4-7-7.3 Locations of Clusters 17 4-7-8 DESIGN REQUIREMENTS FOR REMAINDER PARCELS 18 4-7-9 OTHER DESIGN REQUIREMENTS 19 4-7-10 RESOURCE LAND AND OPEN SPACE RETENTION 20 4-7-11 RESOURCE USE MANAGEMENT PLAN 21 4-7-12 OWNERSHIP AND MANAGEMENT OF RESOURCE LAND OR OPEN SPACE 22 23 4-7 RURAL CLUSTERING 24 25 "A new rural sprawl is consuming large amounts of land, splitting wide open spaces into 26 fragments that are useless for agriculture, wildlife habitat, or other rural open space purposes" 27 (Pivo, Small and Wolfe 1990). 28 29 Commentary: This module has been specifically developed for counties that have subdivision 30 regulations (or that adopt modules 2.2 and 2.3 of this model code) and are concerned with the 31 aesthetic, environmental, and economic impact of large lot residential subdivisions. A 32 mandatory rural cluster regulation, if adopted and applied, can provide for more compatible rural 33 subdivisions and help preserve active farmland. 34 35 Legal Commentary: Because this module identifies areas in accordance with a land use map, 36 legal counsel recommends that if be adopted in accordance with the Zoning Procedures Act. 37 38 4-7-1 TITLE 39 40 This Resolution [Ordinance] shall be known and may be cited as the "Rural Cluster" Resolution 41 [Ordinance] of ________________ County. 42 4-7 Mandatory Rural Clustering April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 4-7-2 PURPOSE AND INTENT 2 3 The purpose of this Resolution is to provide for small lot residential development in agricultural, 4 forestry, and rural residential districts in a manner which maintains rural character, maintains 5 and conserves larger remainder parcels, protects and/or enhances sensitive environmental and 6 wildlife habitat areas, and minimizes impacts to necessary public services. This Resolution 7 [Ordinance] is intended to help maintain resource land and rural character by protecting, 8 preserving and conserving existing resource lands, rural landscapes, and viewsheds. These 9 goals are achieved by allowing the placement of homes on a small portion of the property, while 10 maintaining the majority of the site in a remainder parcel which constitutes resource land or 11 open space. These regulations are consistent with, and are designed to implement, the goals 12 and policies of the county's comprehensive plan as they relate to the protection of resource 13 lands, the conservation of open spaces, and the maintenance of rural character. 14 15 4-7-3 DEFINITIONS 16 17 Remainder parcel: The remainder parcel of the cluster provision that contains the majority of the 18 land within the development and is devoted to open space, resource land, or other authorized 19 use. 20 21 4-7-4 APPLICABILITY 22 23 This ordinance shall apply to all preliminary plat applications involving property in any area 24 designated as agricultural/forestry in the county's comprehensive plan, or in any area 25 designated for rural residential use in the county's comprehensive plan but which contains 26 significant active agricultural or forestry operations. At its discretion, the Planning Commission 27 may interpret this jurisdiction within a broader context, if the commission finds that public 28 policies adopted by the local governing body support a broader jurisdiction than that stated in 29 this section. 30 31 4-7-5 RURAL CLUSTER MANDATE 32 33 4-7-5.1 Planning Commission Authority. The Land Use Officer may recommend, and 34 the Planning Commission is hereby authorized to require, that any applicant of a major 4-7 Mandatory Rural Clustering April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 subdivision in any area designated as agricultural/forestry in the county's comprehensive plan, 2 or in any area designated for rural residential use in the county's comprehensive plan but which 3 contains significant active agricultural or forestry operations, to rearrange land subdivision 4 proposals in a manner that complies with the purpose and intent and the specific provisions of 5 this Resolution [Ordinance). To this end, the Planning Commission is hereby authorized to 6 deny a preliminary plat for property located in said agricultural/forestry or rural residential areas 7 which does not meet the requirements of this Resolution [Ordinance]. The Planning 8 Commission shall also be authorized to waive the requirements for minimum lot sizes, lot 9 widths, and yards as may be required by Section 6-1 of this code, in specific instances and 10 upon application, but only to the minimum extent necessary to permit a cluster subdivision to 11 comply with this Resolution [Ordinance]; provided, however, that the Planning Commission is 12 not authorized to increase an overall gross density of development on a property that is 13 otherwise not permitted by county land use regulations. 14 15 4-7-5.2 Additional Requirements. As part of the preliminary plat review process, the 16 Land Use Officer or Planning Commission may require that the applicant identify usable 17 agricultural, forestry, and open space land on the property proposed for subdivision. The 18 Planning Commission may encourage efforts by the subdivider to preserve and/or promote 19 agricultural, forest, or open space use and may require the retention of some of the usable 20 agricultural or forest land or open spaces that meet the purpose and intent and specific 21 provisions of this Resolution [Ordinance]. 22 23 4-7-5.3 Requirements for Denying a Preliminary Plat. To deny a subdivision plat 24 under the authority of this Resolution [Ordinance], the Planning Commission or Land Use 25 Officer must have informed the applicant of a rural cluster mandate and instructed the 26 applicants on the requirements of this Resolution [Ordinance), and made a finding that the 27 proposed preliminary plat has not been designed in accordance with the provisions of this 28 Resolution [Ordinance] as broadly interpreted by the Land Use Officer and Planning 29 Commission. 30 31 4-7-5.4 Appeal. Any action by the Planning Commission's action to apply the rural 32 cluster mandate or to otherwise invoke its authority pursuant to this chapter as applied to a 33 specific property, upon approval of a preliminary plat requiring such mandate, may be appealed 34 by the property owner to the Board of Appeals as provided for in Section 7.2 of this code. 4-7 Mandatory Rural Clustering April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 2 4-7-6 RELATIONSHIP TO LAND SUBDIVISION REGULATIONS 3 4 This Resolution [Ordinance] is intended to work as a special addition to the county's land 5 subdivision regulations codified as Section 2-2 of this code. All requirements of Section 2-2 and 6 improvement requirements of Section 2-3 of this code shall apply unless the context clearly 7 indicates otherwise or unless this Resolution [Ordinance] conflicts with said code sections, in 8 which case this Resolution [Ordinance] shall apply. 9 10 4-7-7 DESIGN REQUIREMENTS RURAL CLUSTERS AND CLUSTER LOTS 11 12 4-7-7.1 Density Clustering. The permitted 13 residential development density for the property 14 proposed to be subdivided, shall be used within cluster 15 lots (see Figure 4-7-7.1 and Figure 4-7-7.2), and the 16 remainder parcel shall be utilized for agriculture or 17 forest land or for open space. 18 Figure 4-7-7.1.1 19 Rural Cluster 20 21 Figure 4-7-7.1.2 Rural Cluster 22 23 24 Source: Arendt 1994. 25 26 4-7 Mandatory Rural Clustering April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 4-7-7.2 Area of Lots. Cluster lots shall contain a minimum area necessary to meet 2 health department requirements. Where permitted by the county heath department, the cluster 3 subdivision may consist of lots smaller than the sizes required for individual on-site sewage 4 management systems (i.e., septic tanks), if adequate provisions are made for common 5 drainfields (see Figure 4-7-7.2.1), subject to the approval of the local health department. No 6 cluster lot shall be greater than two acres in size, so as to encourage the maximum amount of 7 land possible preserved for resource use or open space. 8 9 10 11 12 13 14 15 Figure 4-7-7.2.1 16 Common Drainfield 17 18 4-7-7.3 Locations of Clusters. 19 (a) In areas where usable agricultural land exists, residential development shall be 20 clustered or sited so as to minimize disruption of existing or possible future 21 agricultural uses. 22 (b) A rural cluster subdivision may contain one or more residential clusters grouped 23 into compact neighborhoods. 24 (c) To the maximum practicable extent, existing historic rural features shall be 25 preserved as part of the cluster development. These features include but are not 26 limited to rock walls, fences, functional and structurally safe farm buildings, 27 monuments, and landscape features. 28 (d) Buildings shall be clustered or sited in the most accessible, least visually 29 prominent, and most geologically stable portion or portions of the site. 30 (e) Rural clusters shall be limited to locations that minimize the visual impact from 31 adjacent lands and view corridors. Placing buildings so that vegetation, rock 32 outcroppings, depressions in topography, or other natural features will screen 33 them where they exist shall minimize the prominence of construction. In wooded 34 or forested areas, the Land Use Officer may recommend and the Planning 4-7 Mandatory Rural Clustering April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 Commission may require the scattering of buildings so as to save trees and 2 minimize visual impacts. 3 4 Figure 4-7-7.3.1 5 Rural Cluster Locations 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 22 Source: Pivo, Small and Wolfe 1990. 23 24 (f) Cluster lots shall be sited to minimize 25 conflicts between housing and adjacent 26 agricultural or forest zoned property. 27 (g) All cluster lots should be located on the 28 least productive soils, but they should not 29 include environmentally sensitive areas 30 unless no other alternative exists. If no Figure 4-7-7.3.2 31 alternative is available, encroachment into Rural Cluster Preserves Stream 32 prime agricultural soils or environmentally 33 sensitive areas shall be limited to the least amount possible. 4-7 Mandatory Rural Clustering April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 (h) Cluster lots should border on open space on at least one side, and have access 2 to any core open spaces in the rural cluster. 3 Figure 4-7-7.3.4 4 Cluster Lot 5 6 7 8 9 10 11 12 13 14 15 16 17 . 18 Source: Pivo, Small and Wolfe 1990 19 20 4-7-8 DESIGN REQUIREMENTS FOR REMAINDER PARCELS 21 22 The cluster development shall result in the establishment of a remainder parcel comprising a 23 minimum of 40 percent of the land area to be subdivided. Any remainder parcel shall be 24 contiguous except in the most unusual circumstances. Any remainder parcel shall not be 25 fragmented by public or private road easements unless no other reasonable alternative exists. 26 To the maximum extent possible, all environmentally sensitive areas on property proposed for 27 subdivision shall be located within the remainder parcel. To retain the rural character, the 28 remainder parcel should contain to the maximum extent possible forested areas, active 29 agriculture, meadows, pastures, and prominent hillsides or ridges if they exist. 30 31 4-7-9 OTHER DESIGN REQUIREMENTS 32 33 Subdivision identification monuments shall not be permitted unless approved by the Planning 34 Commission, and only in such cases as the monument retains the rural or resource character of 4-7 Mandatory Rural Clustering April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 the area. This shall not be construed to prohibit landscaping at the entrance of a rural cluster 2 subdivision. 3 4 Sight obscuring fences are not permitted within 50 feet of the public right-of-way, nor along 5 cluster lot lines adjacent to any remainder parcel. 6 7 4-7-10 RESOURCE LAND AND OPEN SPACE RETENTION 8 9 Active agricultural or forest land, or agricultural or forest land not presently in use, may be 10 preserved in its current use or proposed to be made available on a lease basis in the future for 11 compatible agricultural or forestry uses. The primary intent shall be to preserve open lands for 12 agricultural or forest use, not to provide open space/recreational land uses which will interfere or 13 be in conflict with agricultural or forestry operations. 14 15 The Planning Commission shall require that any such resource lands or open spaces to be 16 preserved be shown on the preliminary and final plat as required by Section 2.2 of this code. 17 Any areas within the subdivision which are designated on the preliminary plat and final plat as 18 being a common, recreation, park, open or other similar non-resource area shall be 19 encumbered in a manner suitable to the Planning Commission to assure that such area will in 20 some manner be beneficial to the owners of the building sites within the proposed subdivision 21 and that said areas will not be available for development in any manner inconsistent with the 22 intent of this Resolution [Ordinance]. 23 24 4-7-11 RESOURCE USE MANAGEMENT PLAN 25 26 In cases where land is proposed to remain in farm or forest (i.e., resource) use, the Planning 27 Commission shall require a farm or forest management plan for the remainder parcel to be 28 submitted and approved prior to approval of the preliminary plat. The management plan shall 29 describe the nature and intensity of large scale agricultural or forestry uses, permitted uses and 30 management of the parcel so that it maintains its resource other designated functions. The 31 management plan shall identify the responsibility for maintaining the remainder parcel. The plan 32 shall also include any construction activities (trails, fencing, agricultural buildings) and 33 vegetation clearing that may occur on-site. All subsequent activities must be conducted in 34 conformance with the approved management plan. 4-7 Mandatory Rural Clustering April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 9 1 2 4-7-12 OWNERSHIP AND MANAGEMENT OF RESOURCE LAND OR OPEN SPACE 3 4 The Planning Commission may require the creation of a homeowner's association or other 5 organization for ownership and maintenance of lands to be preserved for agriculture, forestry, 6 and/or open space use (i.e., remainder parcels). Land to be preserved as open space may be 7 dedicated by fee title to the county, subject to the approval of the Board of County 8 Commissioners. If accepted in fee simple title, the county or other designated public jurisdiction 9 will maintain all open space lands accepted in fee title. 10 11 Commentary: This module provides a minimal amount of guidance with regard to protecting 12 open spaces and resource lands. Local governments that wish to consider this issue more 13 extensively will want to discuss such issues as how to involve land trusts and provide for 14 conservation easements. 15 16 References: 17 18 Arendt, Randall, et al. 1994. Rural by Design. Chicago: Planners Press. 19 20 Clark County, Washington. Rural Cluster subdivisions (zoning) 21 22 Jefferson County, Colorado, Rural Cluster regulations. 23 24 Pivo, Gary, Robert Small, and Charles R. Wolfe. 1990. Rural Cluster Zoning: Survey and 25 Guidelines. Land Use Law and Zoning Digest 42, 9: 3-9. 26 4-7 Mandatory Rural Clustering April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 2 5-2 3 4 5 6 5-2-1 7 5-2-2 8 5-2-3 9 5-2-4 10 5-2-5 11 5-2-6 12 5-2-7 13 5-2-8 14 5-2-9 15 5-2-10 16 5-2-11 17 5-2-11.1 18 5-2-11.2 19 5-2-11.3 20 5-2-11.4 21 5-2-11.5 22 5-2-12 23 5-2-13 24 5-2-14 25 5-2-15 26 5-2-16 27 28 5-2 DESIGN REVIEW CONTENTS TITLE PURPOSE AND INTENT APPLICABILITY ESTABLISHMENT OF DESIGN REVIEW BOARD AUTHORITY OF THE DESIGN REVIEW BOARD MEETINGS OF THE BOARD DEFINITIONS DESIGN REVIEW AND APPROVAL REQUIRED EXEMPTION FOR MINOR CHANGES PRE-APPLICATION CONFERENCE APPLICATION REQUIREMENTS Elevation Drawings, Color and Material Samples Photographs Site Plan and Landscaping Plan Fee Additional Information CRITERIA FOR ACTING ON DESIGN REVIEW APPLICATIONS ACTION BY DESIGN REVIEW BOARD CHANGES AFTER BOARD APPROVAL APPEALS ENFORCEMENT DESIGN REVIEW 29 30 Commentary on Historic Preservation Versus Design Review: Local governments that desire to 31 regulate the architectural appearance of historic properties and historic districts must establish a 32 Historic Preservation Commission via ordinance rather than a Design Review Board as 33 proposed here. See Section 5-3 of this model code for a model ordinance to establish a historic 34 preservation ordinance. 35 36 Description and Applicability: Design review, which involves some subjective judgments as to 37 the aesthetics of a given development, is not likely to be acceptable in many rural communities, 38 unless the district applies to an area that has extensive community support for protection. 39 Generally, local governments that are unwilling to adopt land use regulations will be even less 40 willing to suggest or dictate architecture and aesthetic aspects of development. However, local 41 governments are becoming increasingly more concerned with the appearance of development. 42 In some instances, communities that cannot muster political support to regulate the location and 43 mixtures of land use might be able to garner community support to ensure through regulation 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 developments that are architecturally appropriate and compatible. Design review is a process 2 of reviewing the architecture, aesthetics, and site characteristics of new development within a 3 specifically designated area, or jurisdiction-wide. Its primary purposes are to achieve 4 architectural harmony and aesthetic compatibility between new and existing development. It is 5 strongly recommended that any design review ordinance be accompanied by the adoption (by 6 resolution or ordinance) of design guidelines appropriate to the types and character of buildings 7 and development being reviewed. Section 5-3 of this model code is considered to be a 8 companion code section to this Resolution [Ordinance]. Communities should view the 9 provisions in Section 5-3 of this model code as a menu of possible general guidelines that might 10 apply, depending on the specific nature of development in the jurisdiction. More specific design 11 guidelines that match the particular aspects of the community and areas being regulated are 12 also strongly recommended. 13 14 Administrative Requirements for Implementation. Design review requires a fairly elaborate 15 ordinance, and detailed design guidelines are highly recommended. Both of these requirements 16 necessitate professional expertise not often available locally (and perhaps not regionally in 17 Georgia's more rural areas). A building permit system anda site plan review are prerequisites. 18 In addition, some professional expertise is needed on the design review board and on the part 19 of the staff administering the Resolution [Ordinance]. Design review requires more extensive 20 applications for development; for instance, a typical design review application contains 21 architectural elevations and often color and material samples. It is unlikely that rural local 22 governments will have the necessary expertise on staff, and they may not have a sufficient pool 23 of citizens with the requisite professional experience to serve on a review board. The procedure 24 for processing applications for design review are written in a way that they closely track the 25 same procedure as for certificates of appropriateness in historic districts (see Section 5.3 of this 26 model code). However, the design review application procedure does not require public 27 hearings or notices to adjacent property owners, as is the case with reviews within historic 28 districts by a historic preservation commission. 29 30 5-2-1 TITLE 31 32 This Resolution [Ordinance] shall be known and may be cited as the "Architectural and Site 33 Design Review Ordinance of the City of ____________________." 34 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 5-2-2 PURPOSE AND INTENT 2 3 Careful attention to the architectural design of buildings and the layout of development sites is in 4 the best interests of the city, its citizens, and business owners. Attractive and integrated 5 architectural and site design features tend to improve an area's image, raise overall property 6 values, attract new businesses and residents, and improve the quality of life. Research and 7 experience have shown that there is a positive return on investment for providing attractive 8 design features, for both government and property owners and can provide similar 9 enhancements to public safety, community health, and well being. This Resolution [Ordinance] 10 establishes a design review board and requires review by the design review board of any new 11 construction or material change in appearance to existing structures. 12 13 5-2-3 APPLICABILITY 14 15 This Resolution [Ordinance] shall apply to all non-residential development within the city limits of 16 the City of ________________. 17 18 Commentary: Applicability refers to the type of development and the jurisdiction or area 19 regulated. Rural counties might apply this Resolution [Ordinance], but it is written to apply to cities 20 where concentrations of development exist. A community may wish to guide architectural design 21 only within a selected district, rather than applying regulations community-wide. If design review 22 is intended to apply only to a portion of the city, the Resolution [Ordinance] should make clear that 23 there are unique features of the area being regulated, not found in other parts of the community, 24 that justify and warrant design review. With regard to types of land uses, it is customary to 25 exclude from design review detached single-family residences. Only in unique circumstances 26 would it be appropriate to regulate individual detached dwellings. With regard to manufactured 27 homes, see the compatibility standards provided in 4-4 of this model code. 28 29 30 5-2-4 ESTABLISHMENT OF DESIGN REVIEW BOARD 31 32 A Design Review Board is hereby established. Said board shall consist of five voting members, 33 who are residents and registered voters of the County [City], each of whom shall serve for terms 34 of three years without compensation. The Design Review Board membership shall be composed 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 of individuals with the following qualifications in addition to any other qualifications listed in this 2 section: 3 (a) At least one member shall be an architect with a current state registration; 4 (b) At least one member shall be a landscape architect with current registration; and, 5 (c) At least one member shall be a licensed commercial building contractor. 6 7 None of the members of the Design Review Board shall be a member of the Governing Body, 8 but one member of the Planning Commission may serve on the Design Review Board. The 9 board members shall be appointed by the Chairman of the Board of Commissioners [Mayor] 10 with the approval of the Board of Commissioners [City Council]. In case any vacancy should 11 occur in the membership of the board for any cause, the Chairman of the Board of 12 Commissioners [Mayor] shall fill such vacancy by making an appointment for the unexpired term 13 with the approval of the Board of Commissioners [City Council]. Any members of the board may 14 be removed by the Chairman of the Board of Commissioners [Mayor] for due cause or upon 15 expiration of term, subject to the approval of the Board of Commissioners [City Council]. 16 17 Commentary: It may be difficult for small cities or rural counties to find persons who meet the 18 professional qualifications cited above. Another challenge in small cities and rural counties is 19 finding a sufficient number of persons to serve on a board of this type without pay. It is not 20 recommended that the number of persons serving on the Design Review Board be reduced 21 below five members, because the next alternative, (three) might allow too much domination by 22 individual members and a vote of only two members to constitute a majority. If the local 23 government desiring to establish a Design Review Board does not believe it can find people 24 with the professional qualifications established in this section, it could reduce those 25 requirements to what may be feasible. For example, altering the minimum membership 26 qualification of at least three of the five members having special qualifications or expertise in the 27 areas of architecture, landscape architecture, building construction, or land planning. In any 28 event, it is advisable that the majority of Design Review Board has relevant professional 29 credentials. Local governments might consider appointing the Land Use Officer or designated 30 officer as the design review agent in lieu of a board. However, placing discretionary authority 31 for architectural design and appearance in a single individual is risky due to possibilities that 32 such discretion will be abused. If a local government places discretion for design review 33 approval in a single administrative official such as the Land Use Officer or designated officer, 34 then the Resolution [Ordinance] should provide substantial, specific design guidelines that move 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 the design review process more into the realm of objective standards than discretionary 2 judgment. Also, when a single administrator is responsible for design review, an appeal to 3 higher authority must be provided to guard against abuse of discretion. 4 5 5-2-5 AUTHORITY OF THE DESIGN REVIEW BOARD 6 7 The Design Review Board is authorized to receive, consider, grant, grant with conditions, or 8 deny applications for design review as required by this Resolution [Ordinance]. In granting a 9 design review approval, the Board may impose such requirements and conditions with respect 10 to the location, construction, maintenance and operation of any use or building, in addition to 11 those expressly set forth herein, as may be deemed necessary for the protection of adjacent 12 properties and the public interest. Decisions of the Design Review Board shall be final unless 13 an appeal to the Mayor and City Council is filed no later than 30 days of the decision of the 14 Design Review Board. 15 16 Commentary: An appellant may file immediately after a decision under this provision and does 17 not have to wait the full 30 days. The appeal would typically be heard at the next regular 18 meeting or after due notice was given. 19 20 5-2-6 MEETINGS OF THE BOARD 21 22 The Design Review Board shall adopt rules of procedure as are necessary to carry out the 23 purposes of its authority. The Board shall establish a regular meeting date and time for its 24 meetings. However, meetings shall be held only on an as-needed basis. All meetings shall be 25 open to the public. The Board shall appoint a secretary, who shall be the Land Use Officer or 26 designated officer to record the minutes of its proceedings, showing the action of each board 27 member upon each question. The Board shall keep records of its examinations and other 28 official actions, all of which shall be filed with the County [City] Clerk and which shall be public 29 records. The Land Use Officer or designated officer shall serve as the advisor to the Board, 30 except in cases of an appeal from a decision of the Land Use Officer or designated officer. 31 32 33 34 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 5-2-7 DEFINITIONS 2 3 Commentary: This section provides a glossary of terms related to architectural design. Except for 4 the term "material change in appearance," these definitions lack a specific regulatory context 5 unless the local jurisdiction also adopts the companion code provision on design guidelines (see 6 Section 5-3 of this model code). It is recommended that the architectural design-related 7 definitions be adopted within the design review ordinance itself, rather than as a part of the design 8 guidelines module. For additional definitions, especially those related to types of land uses and 9 development features, see 6-1 of this model code. Depending on the complexity of architectural 10 review sought, some of the definitions in this section may not be needed. 11 12 Amenity: Aesthetic or other characteristics that increase a development's desirability to a 13 community or its marketability to the public. Amenities may differ from development to 14 development but may include such things as recreational facilities, pedestrian plazas, views, 15 streetscape improvements, special landscaping, or attractive site design. 16 Appearance: The outward aspect that is visible to the public. 17 Appropriate: Fitting to the context of a site, neighborhood or community. 18 Architectural concept: The basic aesthetic idea of a structure, or group of structures, including 19 the site, signs, buildings and landscape development that produces the architectural character. 20 Architectural features: Functional, ornamental or decorative features integral or attached to the 21 exterior of a structure, including roof elements, cornices, eaves, gutters, belt courses, sills, 22 lintels, windows, doors, transoms, fan lights, side lights, chimneys, and elements of exterior 23 embellishment. 24 Architectural recesses: Portions of a building wall at street level which are set back from the 25 street line so as to create articulation of the building wall and/or to provide space for windows or 26 doors. 27 Architecture: The art and science of designing and constructing buildings adapted to their 28 purposes, one of which is beauty. 29 Attractive: Having qualities that arouse satisfaction and pleasure in numerous, but not 30 necessarily all, observers. 31 Awning: A hood or cover that forms a roof-like structure, often of fabric, metal, or glass, 32 designed and intended for the protection from the weather or as a decorative embellishment, 33 and which projects from the wall or roof of a structure over a window, walk, door, or the like. 34 Awnings may be retractable but are most often fixed with a rigid frame. 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 Awning, internally illuminated: A fixed awning covered with a translucent membrane that is, in 2 whole or part, illuminated by light passing through the membrane from within the structure. 3 Balustrade: A railing consisting of a handrail or balusters. 4 Build-to line: An alignment established a certain distance from the curb or right-of-way line to a 5 line along which a building or buildings shall be built. 6 Building bulk. The visual and physical mass of a building. 7 Built environment: The elements of the environment that are generally built or made by people 8 as contrasted with natural processes. 9 Canopy: A roof-like structure, supported by a building and/or columns, poles, or braces 10 extending from the ground, including an awning, that projects from the wall of a building over a 11 sidewalk, driveway, entry, window, or similar area, or which may be freestanding. 12 Character: The nature of a building or site. 13 Cohesiveness: Unity of composition among elements of a structure or among structures, and 14 their landscape development. 15 Common area: Land within a development, not individually owned or dedicated to the public, 16 and designed for the common usage of the development. These areas include green open 17 spaces and yards and may include pedestrian walkways and complimentary structures and 18 improvements for the enjoyment of residents of the development. Maintenance of such areas is 19 the responsibility of a private association, not the public. 20 Compatibility: With regard to development, the characteristics of different land uses or activities 21 that permit them to be located near each other in harmony and without conflict; with regard to 22 buildings, harmony in appearance of architectural features in the same vicinity. 23 Continuity: The flow of elements or ideas in a non-interrupted manner. 24 Cornice: A horizontal element member, structural or nonstructural (i.e., molding), at the top of 25 the exterior wall or projecting outward from an exterior wall at the roofline, including eaves and 26 other roof overhang. 27 Design guideline: A standard of appropriate activity that will establish, preserve, or enhance the 28 architectural character and site design and function of a building, structure, or development. 29 Detail: A small feature or element that gives character to a building. 30 Dormer: A window projecting from a roof. 31 Eave: The projecting lower edges of a roof overhanging the wall of a building. 32 Eave line: The extension of a roofline beyond the vertical wall of a building. 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 External design feature: The general arrangement of any portion of structures or landscaping, 2 including the type, and texture of the materials, the type of roof, windows, doors, lights, signs, 3 and fixtures of portions which are open to the public view. 4 Faade: Typically the front of a building; however, any building square on view is considered a 5 faade (see definitions below). 6 Faade, front: Any faade with a main public entrance that faces one of the primary streets. 7 Faade, rear: Any faade without a public entry that does not face a public road. 8 Faade, side: Any faade without a public entry but facing a public street. 9 Fenestration: The organization of windows on a building wall. 10 Footprint: The total square footage on the ground of all buildings and structures on a site, 11 measured from the outside of all of the exterior walls and supporting columns. It may include 12 attached or detached garages, covered carports, roofed or unroofed porches and decks, and 13 accessory structures, if such are defined within the design ordinance as contributing to footprint 14 calculations. 15 Gable: The triangular upper portion of an end wall, underneath a peaked roof. 16 Grade, natural: The existing grade or elevation of the ground surface that exists or existed prior 17 to man-made alterations, such as grading, grubbing, filling, or excavating. 18 Habitat: The physical location or type of environment, in which an organism or biological 19 population lives or occurs. 20 Harmony: A quality that represents an attractive arrangement and agreement of parts of a 21 composition, as in architectural elements. 22 Hedge: A row of closely planted shrubs, bushes, or any kind of plant forming a boundary. 23 Landscaping: The area within the boundaries of a given lot that consists of planting materials, 24 including but not limited to, trees, shrubs, ground covers, grass, flowers, decorative rock, bark, 25 mulch, and other similar materials. 26 Massing the overall visual impact of a structure's volume; a combination of height and width, 27 and the relationship of the heights and widths of the building's components. (See Figure 5-228 7.1). 29 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 9 1 Figure 5-2-7.1 2 Selected Architectural Details. 3 4 Source: Oregon Transportation and Growth management Program 1999. 5 6 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 10 1 Material change in appearance: A change that will affect either the exterior architectural or 2 environmental features of a building, structure, land use activity, or development site. A material 3 change in appearance shall at minimum include the following: the construction of a new building 4 or structure; the reconstruction or alteration of the size, shape, or faade of an existing building 5 or structure, including any of its architectural elements or details; commencement of excavation 6 for construction purposes; and installation of freestanding walls, fences, steps, and pavements, 7 or other appurtenant features. 8 Modularity: Design composition comprised of a rhythmic organization of parts. 9 Modulation: A measured setback or offset. 10 Natural drainage: Channels formed in the existing surface topography of the earth prior to 11 changes made by unnatural causes. 12 Natural features: Components and processes present or produced by nature, including soil 13 types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, climate, 14 floodplains, aquatic life, and wildlife. 15 Parapet: A low retaining wall at the edge of or along a roof. 16 Pedestrian-oriented development: Development designed with an emphasis primarily on the 17 street sidewalk and on pedestrian access to the site and building, rather than auto access and 18 parking areas. The building is generally placed close to the street and the main entrance is 19 oriented to the street sidewalk. There are generally windows or display cases along building 20 facades that face the street. 21 Portico: An exterior appendage to a building, normally at the entry, usually roofed. 22 Proportion: Balanced relationship of parts of a building, signs and other structures, and 23 landscape to each other and to the whole. 24 Ridge: The peak of a roof. Also, the horizontal member at the peak into which the rafters join. 25 Roof: The cover of a building, including the eaves and similar projections. 26 Roof, flat: A roof having no pitch or a pitch of not more than 2:12. 27 Roof, pitched: A shed, gabled, or hipped roof having a slope or pitch of at least two foot rise for 28 each 12 feet of horizontal distance. 29 Scale: Proportional relationships of the size of parts to one another and to humans. 30 Scenic vista: A visual panorama with particular scenic value. 31 Street furniture: Those features associated with a street that are intended to enhance the 32 street's physical character and use by pedestrians, such as benches, trash receptacles, planting 33 containers, pedestrian lighting, kiosks, etc. 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 11 1 Street hardware: Objects other than buildings or street furniture that are part of the streetscape. 2 Examples are: non-pedestrian street light fixtures, utility poles, traffic lights and their fixtures, fire 3 hydrants, etc. 4 Streetscape: The appearance and organization along a street of buildings, paving, plantings, 5 street hardware, street furniture, and miscellaneous structures. 6 View corridor: The line of signed identified as to height, width, and distance of an observer 7 looking toward an object. 8 Viewshed: The area within view from a defined observation point. 9 10 5-2-8 DESIGN REVIEW AND APPROVAL REQUIRED 11 12 No building or structure shall be erected (nor shall any material change in the exterior 13 appearance of any existing building, structure, or activity be allowed), until and unless a design 14 review application has been made to the Land Use Officer or designated officer and approved 15 by the design review board in accordance with the provisions of this Resolution [Ordinance]. 16 Prior to any material change in appearance, the Land Use Officer or designated officer must 17 issue a certificate of design review approval, after approval by the design review board. No 18 building permit or land use permit requiring review and approval by the design review board 19 shall be issued by the Land Use Officer or designated officer, unless the permit has received 20 design review approval from the design review board and a certificate of design review approval 21 has been issued by the Land Use Officer or designated officer or designated officer. 22 23 5-2-9 EXEMPTION FOR MINOR CHANGES 24 25 Where the requested change, a minor alteration, the Land Use Officer or designated officer may 26 waive any of the information requirements of this Resolution [Ordinance] for design review 27 application. The Land Use Officer or designated officer may consult with the chairman of the 28 design review board in making exemptions pursuant to this section. 29 30 5-2-10 PRE-APPLICATION CONFERENCE 31 32 All applicants for design review and approval are strongly encouraged but not required to 33 schedule a pre-application conference with the Land Use Officer or his or her designee. A pre- 34 application conference is a time where applicants can familiarize themselves with the 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 12 1 application requirements and processes and gain preliminary input from staff as to the suitability 2 of the proposed material change in appearance. Typically, the board is not represented at pre- 3 application conference, although this does not preclude one or more members of the board from 4 attending and participating in a pre-application conference. 5 6 5-2-11 APPLICATION REQUIREMENTS 7 8 All applications for design review approval shall be made as required by the Land Use Officer or 9 designated officer and shall at minimum contain the following information: 10 11 5-2-11.1 Elevation Drawings, Color and Material Samples. Every application or review 12 involving the construction of a new building or structure, alterations, and/or additions to existing 13 structures shall be accompanied by exterior elevation drawings, drawn to scale and signed by 14 an architect, engineer or other appropriate professional. These shall be submitted in sufficient 15 number of copies as required by the Land Use Officer or designated officer. Said exterior 16 elevation drawings shall clearly show in sufficient detail the exterior appearance and 17 architectural design of proposed change(s) to buildings or structures and new construction, as 18 applicable. Each application shall also indicate proposed materials, textures and colors, and 19 provide samples of materials and colors. 20 21 5-2-11.2 Photographs. All applications shall be accompanied by photographs of all 22 sides of the existing building(s) or structure(s) affected, and of adjoining properties. 23 Photographs shall be submitted in printed copy and in digital form unless otherwise specified by 24 the Land Use Officer or designated officer. 25 26 5-2-11.3 Site Plan and Landscaping Plan. For every application, a plot plan or site 27 plan, drawn to scale, shall be submitted which shows all improvements affecting appearances, 28 such as walls, walks, terraces, plantings, tree protection areas, accessory buildings, signs, 29 lights, and other elements. 30 31 5-2-11.4 Fee. A fee, as may be established by the Board of Commissioners [Mayor 32 and City Council], shall be submitted for said application. 33 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 13 1 5-2-11.5 Additional Information. The Land Use Officer may reasonably require any 2 additional information as or designated officer shall be submitted with the application. 3 4 5-2-12 CRITERIA FOR ACTING ON DESIGN REVIEW APPLICATIONS 5 6 In passing on applications for design review and approval, the design review board shall 7 consider the appropriateness of any proposed material change in appearance in the context of 8 the following criteria: 9 (a) Consistency with any adopted design guidelines for the type of development, and/or the 10 proposed use. 11 (b) The nature and character of the surrounding areas, and the consistency and 12 compatibility of the proposed application with such nature and character. 13 (c) The general design, character and appropriateness of design, scale of buildings, 14 arrangement, texture, materials, and colors of the structure in question and the relation 15 of such elements to similar features of structures in the immediate surrounding area, 16 site, and landscaping. 17 (d) The board shall not consider interior arrangement or use as having any effect on exterior 18 architectural features. 19 (e) The following are other grounds for considering a design inappropriate. 20 (1) Character foreign to the area. 21 (2) Arresting and spectacular effects. 22 (3) Violent contrasts of material or color, or intense or lurid colors. 23 (4) A multiplicity or incongruity of details resulting in a restless and disturbing 24 appearance. 25 (5) The absence of unity and coherence in composition not in consonance with the 26 density and character of the present structure or surrounding area. 27 28 5-2-13 ACTION BY DESIGN REVIEW BOARD 29 30 A decision by the board on a design review application shall be made within 45 days from the 31 date a complete application is received. The design review board shall approve the application 32 and direct the Land Use Officer or designated officer to issue a certificate of design approval if it 33 finds that the proposed material change in appearance would not have a substantial adverse 34 effect on the aesthetic or architectural significance and value of adjacent and nearby properties, 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 14 1 and if the board finds the application is consistent with the criteria for judging applications for 2 design review and approval as established in this Resolution [Ordinance]. The board may deny 3 an application for a design review and approval when in the opinion of the board such proposed 4 change would be detrimental to the character of the area. In the event the board rejects an 5 application, it shall state its reason(s) for doing so and shall transmit a record of such action and 6 the reason(s) for rejection, in writing, to the applicant. The board may suggest alternative 7 courses of action it thinks proper and conditionally approve the application if the applicant 8 agrees to the conditions, or the Board may not approve the application as submitted. The 9 applicant, if he or she so desires, may make modifications to the plan(s) and may resubmit the 10 application. The denial of an application for a design review and approval shall be binding on 11 the Land Use Officer or designated officer and, in such a case of denial, no building permit shall 12 be issued. 13 14 5-2-14 CHANGES AFTER BOARD APPROVAL 15 16 After the issuance of a certificate of design review and approval, no material change in the 17 appearance shall be made or permitted to be made by the owner or occupant thereof, unless 18 and until all requirements of this Resolution [Ordinance] are met. 19 20 5-3-15 APPEALS 21 22 Any person adversely affected by any determination made by the design review board relative 23 to the issuance or denial of a certificate of design review and approval may appeal such 24 determination to the Mayor and City Council. For purposes of this section, an adversely 25 affected person is one who demonstrates that his or her property will suffer special damage as a 26 result of the decision complained of, rather than merely some damage that is common to all 27 property owners and citizens similarly situated. The appeal must be filed within 30 days of the 28 decision of the board and must be made by petition delivered to the Land Use Officer or 29 designated officer. The appeal shall be on the application exactly as presented to the board. 30 The Mayor and City Council may approve, modify and approve, or reject the determination 31 made by the board if it finds that the board abused its discretion in reaching its decision. 32 Appeals from decisions of the Mayor and City Council made pursuant to this section may be 33 taken to superior court of __________ County in the manner provided by law. 34 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 15 1 5-2-16 ENFORCEMENT 2 3 After a certificate of design review and approval has been issued, the Land Use Officer or 4 designated officer shall from time to time inspect the construction approved by such 5 authorization. The city, through the Land Use Officer, designated officer, or City Attorney, shall 6 be authorized to institute any appropriate action or proceeding in a court of competent 7 jurisdiction to prevent any material change in the appearance, except those changes made in 8 compliance with the provisions of this Resolution [Ordinance], or to prevent any illegal act or 9 conduct with respect to this Resolution [Ordinance]. 10 11 References: 12 13 Jerry Weitz & Associates, Inc. 2001. Development and Design Guidelines for the Georgia 400 14 Corridor, Dawson County, Georgia. Dawsonville: Dawson County Department of Planning. 15 16 OTAK, Inc. 1999. Model Development Code and User's Guide for Small Cities. Salem: 17 Oregon Transportation and Growth Management Program. 18 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 2 3 5-3 4 5 6 7 5-3-1 8 5-3-2 9 5-3-3 10 5-3-4 11 5-3-5 12 5-3-6 13 5-3-7 14 5-3-8 15 5-3-9 16 5-3-10 17 5-3-11 18 5-3-12 19 5-3-13 20 21 5-3 DESIGN GUIDELINES CONTENTS PURPOSE AND INTENT SITE PLANNING PROTECTING THE NATURAL ENVIRONMENT SITE GRADING DRAINAGE RETAINING RURAL RESIDENTIAL CHARACTER ARCHITECTURAL DESIGN BUILDING MATERIALS, FINISHES, AND COLORS AUTOMOBILE-RELATED ESTABLISHMENTS INDUSTRIAL DISTRICTS ACCESS EXTERIOR LIGHTING PARKING LOT LANDSCAPING DESIGN GUIDELINES 22 23 Comment on Applicability: If a local government establishes a design review board, design 24 guidelines, specific to the local jurisdiction, should be prepared, adopted, and applied by the 25 board. In the absence of guidelines specific to a particular jurisdiction, the following design 26 guidelines might be appropriate for use by local governments. Note that the guidelines pertain 27 to a variety of topics, including lighting, industrial districts, drainage, and architectural design. 28 Local governments should determine which types of guidelines are applicable in their 29 jurisdiction and choose only those that apply in the community. 30 31 Comment on Regulations Versus Guidelines. This module is intended to provide guidelines 32 rather than regulations. As such, compliance is voluntary rather than mandatory. They should 33 be applied in individual instances but should be considered variable in the judgment of the 34 board or officer making the decision on the design application. 35 36 5-3-1 PURPOSE AND INTENT 37 38 Left to its own workings, the real estate development industry is unlikely to produce 39 development that is coordinated with adjacent buildings and uses. These design guidelines 40 provide a set of criteria to evaluate the appropriateness of proposed changes to individual 41 buildings, properties, and land use activities in a designated area or community. The ultimate 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 goal of design guidelines is to direct physical and visual changes to create an architecturally and 2 physically cohesive area of specified character. Design guidelines are meant to create a strong 3 identity for the area as a distinctive place to shop, visit, work, and live. Design guidelines are a 4 means of bringing together the interests of individual property owners and the general public to 5 achieve mutual benefits. 6 7 Without guidance, future developments will likely be self-contained, compartmentalized, and 8 without coherence and relationship with other developments. Without guidance, developers 9 are unlikely to interrelate streets, buildings, human uses, and natural systems in a manner that 10 results in a coordinated, pleasing, and sustainable-built environment across property lines. 11 12 These guidelines are intended to help site planners and urban designers look beyond their 13 individual buildings and single parcels of land, to shape the physical features of their 14 development in a manner consistent with preferred principles of community design. The 15 guidelines seek to help unify what would otherwise become a disparate and irreconcilable 16 collection of land uses and architectural traditions. 17 18 5-3-2 SITE PLANNING 19 20 The site plan, building design, and landscaping of new development should achieve high quality 21 and appearance that will enhance and be compatible with the character of the surrounding area. 22 23 Site planning and design of projects proposed (adjacent to dissimilar land uses) should carefully 24 address the potential undesirable impacts on existing uses. These impacts may include traffic, 25 parking, circulation and safety issues, light and glare, noise, odors, dust control and security 26 concerns. 27 28 Commentary: This model code provides regulations that address some of these off-site 29 impacts. For more specific and stronger provisions regarding off-site impacts, see Section 3.1 30 of this model code. 31 32 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 5-3-3 PROTECTING THE NATURAL ENVIRONMENT 2 3 (a) Evaluate the proposed development's compatibility with the existing environment to 4 determine the limitations and capabilities of the site for development. 5 (b) Conserve and protect natural resources, including air quality, trees, natural vegetation, 6 existing topography, streams, creeks, wetlands, watersheds, water quality, and wildlife 7 habitat. Development should be limited to a level that does not exceed the capabilities 8 and requirements of a healthy environment. 9 (c) Significant site features such as habitats, natural ground forms, existing site vegetation, 10 large rock outcroppings, water, and significant view corridors should be identified and 11 incorporated into development plans. Where possible, a diversity of habitats is 12 preferred. 13 (d) Riparian zones, stream corridors, and wetlands should be protected for their wildlife 14 habitat and other values. Development plans for these areas should treat these 15 components as assets. A continuous, connected, natural vegetative corridor should be 16 preserved along all creek and stream corridors to provide stream quality protection and 17 for the efficient movement of wildlife throughout the area. No fill, removal, or 18 modification of a riparian area should take place, unless there is no reasonable and 19 feasible alternative. The alteration or improvement of significant natural resource areas 20 where permitted, should ensure that potential losses are mitigated and best 21 management practices are employed to minimize permanent damage. (See Figure 5-3- 22 3.1). 23 Figure 5-3-3.1 24 Retention of Vegetated Stream Corridor 25 26 5-3 Design Guidelines April 2002 Source: Dramstad, Olson and Forman 1996. Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 (e) Existing vegetation should be retained to the maximum extent possible. Clearing of 2 native vegetation should be limited to that required for the provision of essential 3 purposes (i.e., access, building, sewage disposal, etc.). Where appropriate, existing 4 native vegetation should be enhanced with plantings of the same variety. 5 (f) Preserve patches of high-quality habitat, as large and circular as possible, feathered at 6 the edges, and connected by wildlife corridors. (See Figure 5-3-3.2). 7 8 Figure 5-3-3.2 9 Habitat Patch Preservation and Connection 10 11 Source: Dramstad, Olson and Forman 1996. 12 13 When continuous greenspace corridors cannot be provided or must be broken up for road 14 access or other valid reasons, patches should be retained as "stepping stones" for wildlife 15 corridors. (See Figure 5-3-3.3). 16 17 Figure 5-3-3.3 18 Stepping Stones 19 20 Source: Dramstad, Olson and Forman 1996. 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 5-3-4 SITE GRADING 2 3 (a) Developments should be designed to fit the existing contours and landform of the site 4 and to minimize the amount of earthwork. Excavation and earthwork should be kept to a 5 minimum to reduce visual impacts and erosion. Where cut and fill is required, balancing 6 the cut and fill is highly encouraged. 7 (b) Abrupt or unnatural-appearing grading is strongly discouraged. Avoid the creation of 8 harsh, easily eroded banks and cuts. 9 (c) The height and length of retaining walls should be minimized and screened with 10 appropriate landscaping. Tall, smooth-faced concrete retaining walls should be avoided 11 in highly visible areas. Terracing should be considered as an alternative to the use of tall 12 or prominent retaining walls, particularly in highly visible areas on hillsides. 13 (d) Disturbed areas that are not used for roads, buildings, or other auxiliary uses should be 14 replanted. 15 16 5-3-5 DRAINAGE 17 18 (a) Natural on-site drainage patterns should be used where practicable. Detain runoff with 19 open, natural drainage systems where possible. 20 (b) Design man-made lakes and stormwater ponds for maximum habitat value and/or to 21 serve as amenity features. (See Figure 5-3-5.1). 22 23 Figure 5-3-5.1 24 Drainage Feature as an Amenity 25 26 27 28 29 30 31 32 33 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 5-3-6 RETAINING RURAL RESIDENTIAL CHARACTER 2 3 (a) Where possible, barns and other agricultural outbuildings in reasonably good condition 4 and which contribute to the rural character of the area should be retained on the site 5 (see Figure 5-3-6.1). 6 7 Figure 5-3-6.1 8 Retention of Agricultural Structures 9 10 11 12 (b) 13 14 15 16 17 18 19 Source: Stokes et al. 1989. Dwellings and driveways should not be prominent visual features within the landscape along any existing rural road. Dwellings and associated outbuildings along existing rural roads should have a low visual impact. When a rural residential dwelling is proposed in an area with an open field or area with agricultural character, it should be sited at the edge of the field if possible to preserve the view of the open field, pasture, or agricultural scene (see Figure 5-3-6.2). 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 Figure 5-3-6.2 2 Site Dwellings at Edges of Fields 3 4 Source: Craighead 1991. 5 6 (c) In siting rural residential dwellings, gouging out (i.e., clearcutting) building sites along the 7 road (Figure 5-3-6.3) is strongly discouraged. Instead, rural dwelling sites should leave 8 a natural buffer along the road and houses should be sited at the edge of clearings 9 rather than in the center (Figure 5-3-6.4). 10 11 12 Figure 5-3-6.3 Figure 5-3-6.4 13 Clearcutting Discouraged Dwellings Buffered 14 15 16 17 18 19 20 21 22 23 Source: Craighead 1991. 24 25 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 d) Dwellings sited within an open field are discouraged (see area A in Figure 5-3-6.5). The 2 location of dwellings in Area B of the illustration improves on the locations shown in area 3 A, but the residences are still visible from the road. In the bottom part of area C (Figure 4 5-3-6.5), dwellings are clustered and screened from view. In the top part of area C, the 5 road should be located at the edge of the clearing rather than in the middle of the field, 6 and the dwellings should be located closer to the tree line. 7 8 Figure 5-3-6.5 9 Siting Dwellings in Rural Areas 10 11 12 13 14 15 16 17 18 19 20 21 22 Source: Arendt 1994. 23 24 5-3-7 ARCHITECTURAL DESIGN 25 26 (a) Architectural design should be compatible with the developing character of the 27 neighboring area. Design compatibility includes complementary building style, form, 28 size, color, materials, and detailing. 29 (b) The designer should consider each of the following contexts as part of the design 30 process: 31 (1) Size (the relationship of the project to its site); 32 (2) Scale (the relationship of the building to those around it); 33 (3) Massing (the relationship of the building's various parts to each other); 34 (4) Fenestration (the placement of windows and doors); 35 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 9 1 (5) Rhythm (the relationship of fenestration, recesses and projections); 2 (6) Setback (in relation to setback of immediate surroundings); 3 (7) Materials (their compatibility with the historic district); and, 4 (8) Context (the overall relationship of the project to its surroundings). 5 6 Commentary: For definitions, see Section 5-2 of this model code. 7 8 (c) Efforts to coordinate the height of buildings and adjacent structures are encouraged; this 9 is especially applicable where buildings are located very close to each other. It is often 10 possible to adjust the height of a wall, cornice, or parapet line to match that of an 11 adjacent building. Similar design linkages, such as window lines, should be placed in a 12 pattern that reflects the same elements on neighboring buildings. 13 (d) Diversity of architectural design should be encouraged. "Theme" or stylized architecture 14 which is characteristic of a particular historic period or trend is discouraged, unless the 15 existing building or site is historically important to the district or necessary for 16 architectural harmony. 17 (e) Multiple buildings on the same site should be designed to create a cohesive visual 18 relationship between the buildings. 19 (f) Long or continuous wall planes shall be avoided, particularly in pedestrian activity areas, 20 where buildings should exhibit more detail and elements appropriate for close range 21 pedestrian view. Outside of pedestrian retail districts, building surfaces over two stories 22 high or 50 feet in length should be relieved with changes of wall plane (i.e., recesses and 23 projections, see Figure 5-3-7.1) that provide strong shadow or visual interest. 24 25 Figure 5-3-7.1 26 Recesses and Projections 27 28 29 30 31 32 33 34 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 10 1 2 5-3-8 BUILDING MATERIALS, FINISHES, AND COLORS 3 4 (a) All sides of a building may have an impact on its surroundings and should be considered 5 for treatment with an architectural finish of primary materials (i.e., brick, wood and 6 stone), unless other materials demonstrating equal or greater quality are used. As a 7 general rule, front facades should be at least 80 percent brick and stone. Side facades 8 should be at least 50 percent brick and stone. Rear facades do not have a minimum 9 requirement for primary materials and can consist entirely of secondary materials (e.g., 10 stucco). Tertiary materials (i.e., wood and metal) should be used for decorative 11 elements and trim only. 12 (b) Exterior building materials on the primary structure should not include smooth-faced 13 concrete block, tilt-up concrete panels, or prefabricated steel panels. 14 (c) The following types of building materials should not be used: highly reflective, shiny, or 15 mirror-like materials; mill-finish (non-colored) aluminum metal windows or door frames; 16 exposed, unfinished foundation walls; exposed plywood or particle board; and 17 unplastered, exposed concrete masonry blocks. 18 (d) Material or color changes generally should occur at a change of plane. Piecemeal 19 embellishment and frequent changes in material should be avoided. 20 (e) A horizontal accent stripe (e.g., a foot wide stripe of different color, see Figure 5-3-8.1) 21 should be used to help reduce the monotonous color and break up the appearance of 22 large building walls. 23 24 Figure 5-3-8.1 25 Monotonous Blank Building Walls 26 27 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 11 1 2 (f) 3 4 5 6 (g) 7 8 9 10 11 12 13 (h) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (i) 33 34 Facade colors should be low reflectance, and subtle, neutral, or earth-tone colors. Highintensity colors, metallic colors, black, or fluorescent colors should not be used. Building trim and accent areas may feature brighter colors, including primary colors, provided that the width of the trim shall not exceed four feet. Building colors should be carefully chosen so that each building color complements that of its neighbors. Colors can be classified as the "base" color (used on the majority of the building surface), "trim" color (used on the window trim, fascia, balustrades, and posts), and "accent" color (used on signs, awnings, and doors). The base color should consist of more subdued earth tones or brick shades. Trim colors should have contrasting lighter or darker shade than the base color. If natural brick is used, it should not be painted. The use of awnings on buildings is recommended to provide much needed protection from sun, wind, and rain, and to improve aesthetics of the building exterior. (See Figure 5-3-8.2). Figure 5-3-8.2 Awnings and Storefront Windows It is recommended that awnings be constructed with a durable frame, covered by a canvas material. Awnings that are backlit through translucent materials may be acceptable but are not particularly encouraged. Aluminum and other metal canopies are 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 12 1 acceptable in most instances, particularly when integrated into shopping center designs. 2 Flameproof vinyl, canvas or metal awnings and canopies may be used. 3 (j) Solid colors are preferred over striped awnings, but striping is permitted if colors 4 complement the character of the structure or group of buildings. 5 (k) Awnings are encouraged for first floor retail uses to provide architectural interest and to 6 encourage pedestrian activity. Where awnings are used, they should be designed to 7 coordinate with the design of the building and any other awnings along the same block 8 face. 9 (l) The design of fences and walls shall be compatible with the architecture of the main 10 building(s) and should use similar materials. All walls or fences 50 feet in length or 11 longer, and four feet in height or taller, should be designed to minimize visual monotony 12 by changing plane, height, material or material texture, or significant landscape massing. 13 Chain link fencing is discouraged. Use of special fencing design or materials should be 14 discussed in cases where site security is paramount. If used, chain link fences should 15 be vinyl coated (black or green colored vinyl encouraged). 16 (m) All garbage dumpsters and other similar areas devoted to the storage of waste materials 17 should be screened on three sides of said dumpster or area, with a minimum six-foot 18 high solid wooden fence or a wall constructed of materials substantially similar in 19 appearance to the building on site. In addition, said dumpster areas should be gated on 20 the fourth side with a material that provides opaque screening. 21 22 5-3-9 AUTOMOBILE-RELATED ESTABLISHMENTS 23 24 (a) Auto service facilities should not have their service bays facing the street, and parking 25 for all uses should be located to the side or rear of the building rather than in the front 26 yard. Service areas and/or service bays should be screened or sited so they are not 27 visible from the street. 28 (b) Vehicles under repair should be kept either inside a structure or in an area that is 29 screened from view from the street. 30 (c) Service areas shall provide adequate queuing space that does not impede vehicle 31 circulation through the site or result in vehicles stacking into the street. 32 (d) Perimeter and security fencing, when needed, should be constructed of attractive 33 materials that are compatible with the design and materials used throughout the project. 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 13 1 Razor wire or electric fencing should not be used, and chain link fencing is discouraged, 2 but if used, should be vinyl coated. 3 (e) Separate structures on the site (i.e., canopy, car wash, cashier's booth, etc.) should 4 have consistent architectural detail and design elements to provide a cohesive project 5 site. If a car wash is incorporated into the project, it should be well integrated into the 6 design. The car wash opening should be sited so that it is not directly visible as the 7 primary view from the street into the project site. 8 (f) Where permitted, the outside storage or display of vehicles, equipment, and 9 merchandise to be rented, leased, or sold, including manufactured home sales, should 10 be visible along no more than 30 percent of the frontage of the property abutting a 11 highway or street, excluding approved driveway entrances and exits. Screening may be 12 accomplished by using a natural vegetative buffer; a building; an earthen berm; a 100 13 percent opaque, solid wooden fence or wall; or a combination of these screening 14 methods. The use of low-lying landscaping that does not screen the display areas from 15 the public view right-of-way would not comply with this guideline. 16 17 5-3-10 INDUSTRIAL DISTRICTS 18 19 (a) Industrial districts are typically laid out in a gridiron of large blocks, 1,000 to 2,000 feet 20 long and 400 to 1,000 feet deep. Road right-of-ways should be 80 to 100 feet for major 21 roads and 60 feet for secondary roads. Curves and radii shall be large enough to 22 accommodate large trailer trucks. 23 (b) All areas devoted to the outside storage of vehicles, merchandise, and/or equipment that 24 are not intended for display, or for public rent, lease, or sale, shall be screened from 25 view from the right-of-way of the highway or public road along the entire property 26 frontage, except in areas where access crossings have been approved. A view from the 27 public right-of-way shall not be deemed to comply with this requirement. 28 29 5-3-11 ACCESS 30 31 (a) The entire parcel, rather than simply a particular project, shall be considered in 32 formulating and approving access plans. (See Figure 5-3-11.1). 33 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 14 1 2 3 4 5 6 7 8 9 10 11 12 (b) 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) 26 27 Figure 5-3-11.1 Access Considerations The street layout within planned communities should provide as many direct links to adjacent sites and surrounding roads as practical. (See Figure 5-3-11.2). Figure 5-3-11.2 Connectivity The street pattern should be designed to allow easy direct access to and from various origins and destinations. 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 15 1 (d) 2 3 4 5 Interparcel site access, for pedestrians as well as vehicles, should be provided to adjacent properties, when land uses are compatible. (See Figure 5-3-11.3). Figure 5-3-11.3 Interparcel Connections 6 7 8 (e) 9 10 11 Common access easements for shared driveways along state highways and busy streets are strongly encouraged. (See Figure 5-3-11.4). Figure 5-3-11.4 12 13 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 16 1 (f) If at all feasible with the development plan, service functions (e.g., deliveries, 2 maintenance activities) shall be integrated into the circulation pattern in a manner that 3 minimizes conflicts with vehicles and pedestrians. Commercial and industrial 4 developments should have service and loading areas separate from main circulation and 5 parking areas. 6 7 5-3-12 EXTERIOR LIGHTING 8 9 Commentary: Local governments should consider requiring, rather than simply encouraging, 10 cutoff luminaires. For lighting regulations, see Section 3.1 of this model code. 11 12 The following are exterior lighting recommendations consistent with the requirements as 13 specified in this code and illustrated in Figure 5-3-12.1. 14 (a) Exterior lighting should be architecturally compatible with the building style, material, and 15 colors. Galleria style and shoebox styles (cutoff fixtures) are preferred over cobra type 16 light fixtures and directional floodlights. 17 (b) Exterior lighting of the building and site should be designed so that light is not directed 18 off the site, and the light source is shielded from direct offsite viewing. All outdoor light 19 fixtures should be fully shielded or be designed or provided with light angle cut-offs, so 20 as to eliminate uplighting, spill light, and glare. 21 (c) Excessive illumination of signage, building, or site should be avoided. Roof lighting, 22 down-lighting washing the building walls, and illuminated awnings are all strongly 23 discouraged. 24 (d) Fixture mounting height should be appropriate for the project and the setting. The 25 mounting height of fixtures in smaller parking lots or service areas should not exceed 20 26 feet, with lower mounting heights encouraged, particularly where adjacent to residential 27 areas or other sensitive land uses. Use of low, bollard-type fixtures that are three to four 28 feet in height, are encouraged as pedestrian area lighting. 29 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 17 1 Figure 5-3-12.1 2 3 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 18 1 5-3-13 PARKING LOT LANDSCAPING 2 3 (a) Parking lots that face a street should be partially screened from the street by a low 4 fence, wall, hedge, berm, or vegetated buffer. If a parking lot fronts an arterial or major 5 collector street, and is of such a size that it dominates views from the fronting 6 arterial/collector street and detracts from the overall streetscape and community 7 appearance, then the parking lot should be screened or buffered with vegetation in its 8 entirety from view along the fronting roadway(s) within the required right-of-way frontage 9 planting strip. 10 (b) Landscape islands containing at least one overstory tree, or two understory trees 11 planted in each landscape island, should be provided within parking areas with 10 or 12 more spaces and located in such a manner so as to divide and break up the expanse of 13 parking areas (see Figure 5-3-13.1). One landscape island should be located at the end 14 of each row of parking spaces in the interior of the parking lot. In addition, one parking 15 lot landscape island should also be provided for every 150 linear feet of parking spaces, 16 whether at the periphery or in the interior of the parking lot. Each landscape island 17 should be of sufficient shape and size so that one overstory tree or two understory trees 18 will fit within the island. No portion of an island should be less than three feet in width. 19 20 Figure 5-3-13.1 21 Parking Lot Landscaped Island 22 23 24 25 26 27 28 29 30 31 32 33 Source: DeChiara and Koppelman 1984. 34 35 36 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 19 1 Commentary on additional references: In addition to the references cited below, a number of 2 local governments in Georgia have adopted design guidelines for various parts of their 3 jurisdictions. Many local design guidelines are available via the World Wide Web. Other 4 references with regard to urban design are listed in the master bibliography of this model code, 5 including, but not limited to, Olshansky 1996 (hillside development), Porter 1998 (urban design), 6 Sanders 1993 (manufactured housing), and Waters 1983 (historic preservation). For a list of 7 planting materials appropriate to the region, there are many sources including DeChiara and 8 Koppelman (1984). For other design-related regulations, one can also consult other modules of 9 this model code, including Code Sections 4-4 (manufactured homes), 5-1 (small towns), and 6-2 10 (new commercial development). 11 12 References: 13 14 Arendt, Randall, et al. 1994. Rural by Design. Chicago: Planners Press. 15 16 Craighead, Paula M. (ed.). 1991. The Hidden Design in Land Use Ordinances: Assessing the 17 Visual Impact of Dimensions Used for Town Planning in Maine Landscapes. Portland: 18 University of Southern Maine. 19 20 DeChiara, Joseph, and Lee E. Koppelman. 1984. Time Saver Standards for Site Planning. 21 New York: McGraw-Hill. 22 23 Dramstad, Wenche E., James D. Olson, and Richard T.T. Forman. 1996. Landscape Ecology 24 Principles in Landscape Architecture and Land-Use Planning. Washington, DC: Island Press. 25 26 Forsyth County Unified Development Code. 2001. Cumming: Forsyth County Department of 27 Planning and Development. 28 29 Stokes, Samuel N., et al. 1989. Saving America's Countryside: A Guide to Rural Conservation. 30 Baltimore: Johns Hopkins University Press. 31 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 6-1 2 3 4 5 6-1-1 6 6-1-2 7 6-1-3 8 6-1-4 9 6-1-4.1 10 6-1-4.2 11 6-1-4.3 12 6-1-5 13 6-1-6 14 6-1-6.1 15 6-1-6.2 16 6-1-6.3 17 6-1-6.4 18 6-1-6.5 19 6-1-6.6 20 6-1-6.7 21 6-1-6.8 22 6-1-6.9 23 6-1-7 24 6-1-7.1 25 6-1-7.2 26 6-1-7.3 27 6-1-7.4 28 6-1-7.5 29 6-1-7.6 30 6-1-7.7 31 6-1-7.8 32 6-1-8 33 6-1-8.1 34 6-1-8.2 35 6-1-8.3 36 6-1-9 37 6-1-9.1 38 6-1-9.2 39 6-1-9.3 40 6-1-9.4 41 6-1-9.5 42 6-1-9.6 43 6-1-10 44 6-1-10.1 45 6-1-10.2 46 6-1-10.3 47 48 LAND USE INTENSITY DISTRICTS AND MAP CONTENTS TITLE DEFINITIONS ESTABLISHMENT OF LAND USE INTENSITY DISTRICTS OFFICIAL LAND USE INTENSITY DISTRICTS MAP Map Map Amendment Use District of Vacated Right-of-Ways RULES GOVERNING BOUNDARIES LAND USE INTENSITY DISTRICTS Agricultural District (AG) Rural Residential District (RR) Suburban Residential District (SR) Urban Residential District (UR) Office Residential District (OR) Neighborhood Commercial District (NC) Highway Business District (HB) Central Business District (CBD) Light Industrial District (LI) GENERAL PROVISIONS Use Height Maximum Density, Minimum Lot Size, and Minimum Lot Width Minimum Required Yards and Building Setbacks One Principal Building on a Lot Coverage Requirements Buffer and Landscape Strip Requirements Visibility at Intersections and Driveway Entrances NONCONFORMING SITUATIONS Nonconforming Lots Expansion of Nonconforming Buildings and Structures Nonconforming Uses PARKING Off-Street Parking Required Location of Off-Street Parking Areas Parking Plan Required Minimum Number of Parking Spaces Required Interpretations of Parking Requirements Reduction of Required Parking for Mixed or Joint Use of Parking Spaces LOADING Off-Street Loading Areas Required for Specified Uses Loading Area Specifications Minimum Number of Off-Street Loading Spaces Required 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 Commentary: Most of the regulations contained in this model code are designed to provide 2 alternatives to a zoning district and map approach. This module is basically a zoning ordinance 3 but does not use the word "zoning." Instead, it calls the districts "land use intensity" districts. 4 This module is intended to provide a rather simple model of zoning that could fit a small city or a 5 rural county. Since it has been written for both, it will require modifications as noted in other 6 commentary provided along with this module. Several other modules can be adopted with this 7 module, and some such as administration and enforcement (2.0), procedures (7.1), and appeals 8 (7.2) are considered essential to the functioning of this module. 9 10 6-1 LAND USE INTENSITY DISTRICTS AND MAP 11 12 6-1-1 TITLE 13 14 This title shall be known and may be cited as the Land Use Intensity District Resolution 15 [Ordinance] of the County [City] of _________. 16 17 6-1-2 DEFINITIONS 18 19 Except as specifically defined herein, all words used in this ordinance have their customary 20 dictionary definitions. Unless otherwise expressly stated, the following words shall have the 21 meaning herein indicated. 22 23 Abutting: Having property lines in common, or having property separated by only an alley. 24 Separation by a street right-of-way is not considered abutting. 25 Accessory building: A building subordinate to the principal building or use on a lot and used for 26 purposes incidental to the principal building or use and located on the same lot therewith. 27 28 Commentary: It is possible for a building to actually be considered accessory to the principal 29 use on the lot, even if there is no other building. For instance, a stone yard that takes up most 30 of a lot would be considered the principal use, while a small office building or storage shed on 31 the site would be considered accessory to the primary use which is to display and sell stones. 32 33 Accessory use: A use of the land or building or portion thereof customarily incidental and 34 subordinate to the principal use and located on the same lot with such principal use. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 Agriculture: The commercial cultivation or growth from or on the land of horticultural, floricultural, 2 forestry, dairy, livestock, poultry, and apiarian products. 3 Apartment building: A building designed for or occupied exclusively by three or more 4 households with separate housekeeping facilities for each household. 5 Assisted living facility: Residences for the frail elderly that provide rooms, meals, personal care, 6 and supervision of self - administered medication. They may provide other services incidental to 7 the above. For purposes of this ordinance, assisted living facilities are considered institutionalized 8 residential living and care facilities. 9 Automobile sales and service establishment: New and used car, truck, tractor, trailer, boat, 10 recreational vehicle, camper, motorcycle, and other motorized vehicle sales, leasing, rental, and 11 service, including mobile and manufactured home and modular building sales, and agricultural 12 implement and equipment. This definition includes automotive services such as rental car 13 facilities, top and body, paint, automotive glass, transmission, and tire repair shops, car washes, 14 including automated and staffed facilities, and oil change and lubrication facilities. 15 Bed and breakfast inn: A facility where overnight accommodations are provided to transients for 16 compensation, with or without a morning meal, and where the operators of the facility live on the 17 premises. 18 Berm: An earthen mound or embankment, usually two to six feet in height, designed to provide 19 visual interest, screen views, reduce noise, or fulfill other such purposes. 20 Boarding house: A building, where for compensation, both lodging and meals are provided for 21 not more than 10 persons, providing that a single-family dwelling shall not be deemed to be a 22 boarding house by reason of a contribution to or expense sharing arrangement with the owner 23 or tenant occupying the dwelling by a person related by blood or marriage. 24 Buffer: A natural or enhanced vegetated area usually intended to screen and separate 25 incompatible uses. 26 Buildable area: The portion of a lot which is not located within any minimum required yard, 27 landscape strip/area or buffer; that portion of a lot wherein a building or structure may be 28 located. 29 Building, height of: The vertical distance measured from the grade to the highest point of the 30 coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the 31 eaves and ridge of a gable or hip roof. Grade is defined as the average elevation of the ground 32 on all sides of a building. 33 Building, principal: A building in which is conducted the principal use of the lot on which said 34 building is situated. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 Building setback line: A line establishing the minimum allowable distance between the main or 2 front wall of a principal building and the street right-of-way line or another building wall and a 3 side or rear property line when measured perpendicularly thereto. Covered porches, whether 4 enclosed or not, shall be considered as a part of the building and shall not project into any 5 required yards. For purposes of this Resolution [Ordinance], a building setback line and 6 minimum required yard shall be considered the same. 7 Business service establishment: A facility engaged in support functions to establishments 8 operating for a profit on a fee or contract basis, including, but not limited to: advertising 9 agencies, photocopying, blueprinting and duplication services, mailing agencies, commercial art 10 and graphic design, personnel supply services and employment agencies, computer and data 11 processing services, detective, protective, and security system services, accounting, auditing, 12 and bookkeeping services, publications and business consulting firms, food catering, interior 13 decorating, and locksmiths. 14 Church: A building or structure, or groups of buildings or structures, that by design and 15 construction are primarily intended for conducting organized religious services. Associated 16 accessory uses include, but are not limited to: schools, meeting halls, indoor and outdoor 17 recreational facilities, day care, counseling, homeless shelters, and kitchens. 18 Clinic: An institution or professional office, other than a hospital or nursing home, where 19 persons are counseled, examined, and/or treated by one or more persons providing any form of 20 healing or medical health service. Persons providing these services may offer any combination 21 of counseling, diagnostic, therapeutic or preventative treatment, instruction, or services, and 22 which may include medical, physical, psychological, or mental services and facilities for 23 primarily ambulatory persons. A clinic allows lodging and care in cases of medical necessity. 24 Club, nonprofit: A building or premises used for associations or organizations of an educational, 25 fraternal, or social character, not operated or maintained for profit. Representative 26 organizations include Elks, Veterans of Foreign Wars, and Lions. The term shall not include 27 casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit. 28 Commercial recreational facility, indoor: A use that takes place within an enclosed building that 29 involves the provision of sports and leisure activities to the general public for a fee, including, 30 but not limited to the following: assembly halls, auditoriums, meeting halls, art galleries and 31 museums, billiard halls and pool rooms, amusement halls, video arcades, ice and roller skating 32 rinks, fully-enclosed theaters, physical fitness centers and health clubs. 33 Commercial recreational facility, outdoor: A use of land and/or buildings that involves the 34 provision of sports and leisure activities to the general public for a fee, including, but not limited 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 to the following: stadiums, amphitheaters, circuses and carnivals, fairgrounds, drive-in theaters, 2 golf driving ranges, miniature golf courses, batting cages, race tracks for animals or motor3 driven vehicles, unenclosed firearms shooting ranges and turkey shoots, trout ponds, equestrian 4 centers and horse and pony riding rinks, botanical and zoological gardens, recreational vehicle 5 parks, ultra-light flight parks, and bungi jumping. A golf course and private club that is built as 6 part of a single-family residential subdivision and that operates in a quasi-public manner is not 7 considered to be an outdoor commercial recreational facility. 8 Compatibility: With regard to development, the characteristics of different land uses or activities 9 that permit them to be located near each other in harmony and without conflict; with regard to 10 buildings, harmony in appearance of architectural features in the same vicinity. 11 Conditional use: A use that would not be appropriate, generally or without restriction, throughout 12 the particular use district and is not automatically permitted by right within a use district; but 13 which, if controlled as to number, area, location or relation to the neighborhood, may be found to 14 be compatible and approved by the Governing Body within a particular use district as provided 15 in certain instances by this Resolution [Ordinance]. 16 Contractor's establishment: An establishment engaged in the provision of construction activities, 17 including, but not limited to, plumbing, electrical work, building, grading, paving, roofing, 18 carpentry, landscaping, and other such activities, including the storage of material and the 19 overnight parking of commercial vehicles. 20 Curb cut: The providing of vehicular ingress and/or egress between property and an abutting 21 public street. 22 Day care center: Any place operated by a person, society, agency, corporation, institution or 23 group, and licensed or registered by the State of Georgia as a group day care home or day care 24 center, for fewer than 24 hours per day, wherein seven or more children under 18 years of age 25 are received for a fee for group supervision and care. 26 Density: The permitted number of dwelling units per gross acre of land to be developed. 27 Development: Any man-made change to improved or unimproved real estate, including, but not 28 limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, 29 drilling operations, or permanent storage of materials. 30 Drive-through: A retail or service enterprise wherein service is provided or goods are sold to the 31 customer within a motor vehicle and outside of a principal building. 32 Dwelling: A building, other than a mobile home, manufactured home, or house trailer, designed, 33 arranged or used for permanent living and/or sleeping quarters. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 Dwelling, single-family: A building designed or arranged to be occupied by only one family or 2 household. 3 Dwelling, two-family (duplex): A building designed or arranged to be occupied by two families or 4 households living independently of each other. 5 Dwelling, multi-family: A building designed for or occupied exclusively by three or more families 6 or households with separate housekeeping facilities for each family. 7 Dwelling unit: A building, or portion thereof, designed, arranged and used for living quarters for 8 one or more persons living as a single housekeeping unit with cooking facilities, but not 9 including units in hotels or other structures designed for transient residence. 10 Family: An individual; or two or more persons related by blood, marriage, or guardianship, 11 limited to the occupant, his or her spouse, and their parents and children; or a group of not more 12 than five persons, excluding servants, who need not be related by blood, marriage, or 13 guardianship, living together in a dwelling unit as a family or household. 14 Family day care home: A private residence in which a business is operated by any person who 15 receives therein for pay, three to not more than six children under 18 years of age who are not 16 residents in the same private residence for supervision and care for fewer than 24 hours per 17 day. For purposes of this Resolution [Ordinance], a family day care home may be operated as 18 a home occupation, subject to the requirements of this Resolution [Ordinance]. 19 Fence: An enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other 20 materials or combination of materials used as a boundary, means of protection, privacy 21 screening, or confinement, including brick or concrete walls but not including hedges, shrubs, 22 trees, or other natural growth. 23 Fence, solid: A fence, including entrance and exit gates where access openings appear, 24 through which no visual images can be seen. 25 Finance, insurance, and real estate establishment: Such uses include, but are not limited to 26 banks, savings and loan institutions and credit unions, security and commodity exchanges, 27 insurance agents, brokers, and service, real estate brokers, agents, managers, and developers, 28 trusts, and holding and investment companies. 29 Governing body: The Board of Commissioners of _________County [Mayor and City Council of 30 the City of __________]. 31 Guesthouse: A lodging unit for temporary guests in an accessory building. No such lodging unit 32 shall contain independent cooking or kitchen facilities, and no guesthouse shall be rented or 33 otherwise used as a separate dwelling. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 Health Service: Health care facilities as well as establishments providing support to the medical 2 profession and patients, such as medical and dental laboratories, blood banks, oxygen and 3 miscellaneous types of medical supplies and services; and offices of doctors, dentists and other 4 medical practitioners. 5 Health spa: An establishment which for profit or gain provides as one of its primary purposes, 6 services or facilities which are purported to assist patrons improve their physical condition or 7 appearance through change in weight, weight control, treatment, dieting, or exercise. The term 8 includes establishments designated as "reducing salons," "exercise gyms," "health studios," 9 "health clubs," and other terms of similar import. Not included within this definition are facilities 10 operated by nonprofit organizations, facilities wholly owned and operated by a licensed 11 physician at which such physician is engaged in the practice of medicine, or any establishment 12 operated by a health care facility, hospital, intermediate care facility, or skilled nursing care 13 facility. 14 Home Occupation: an occupation carried on entirely within a residence by the occupants 15 thereof, which activity is clearly incidental to the use of the residence as a dwelling and which 16 does not change the residential character thereof, and is conducted in a manner as to not give 17 any outward appearance of a business in the ordinary meaning of the term. This occupation 18 does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their 19 homes for which purpose the residential use district was created and primarily intended. 20 Impervious surface: A man-made structure or surface, which prevents the infiltration of storm 21 water into the ground below the structure or surface. Examples are buildings, roads, driveways, 22 parking lots, decks, swimming pools, or patios. 23 Institutional residential living and care facilities: An umbrella term that encompasses the 24 following uses as specifically defined in this Resolution [Ordinance]: assisted living facility, 25 intermediate care home, nursing home, and personal care home. 26 Intermediate care home: A facility which admits residents on medical referral; it maintains the 27 services and facilities for institutional care and has a satisfactory agreement with a physician 28 and dentist who will provide continuing supervision including emergencies; it complies with rules 29 and regulations of the Georgia Department of Human Resources. The term "intermediate care" 30 means the provision of food, including special diets when required, shelter, laundry and 31 personal care services, such as help with dressing, getting in and out of bed, bathing, feeding, 32 medications and similar assistance, such services being under appropriate licensed supervision. 33 Intermediate care does not normally include providing care for bed patients except on an 34 emergency or temporary basis. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 Intrafamily land transfer: A subdivision within an AG land use intensity district that creates at 2 least one additional lot but not more than four additional lots, where each and every lot within the 3 subdivision is conveyed for love and affection to the children, spouse and children, surviving heirs, 4 in-laws, or immediate relatives of the property owner, or some combination thereof; provided 5 further, that no more than one lot in the subdivision shall be deeded to any one individual. This 6 definition shall not include or authorize any land subdivision that involves or will involve the 7 creation of lots for sale or otherwise involves a property transfer for money, tangible or intangible 8 personal property, real property exchanges, or other conveyances for consideration. 9 Kennel: Any facility used for the purpose of commercial boarding or sale of animals (excluding 10 horses, swine, goats, and geese) or pets and any other customarily incidental treatment of the 11 animals such as grooming, cleaning, selling of pet supplies, or otherwise. 12 Landfill, inert waste: A disposal facility accepting only wastes that will not or are not likely to cause 13 production of leachate of environmental concern. Such wastes are limited to earth and earth-like 14 products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves, and 15 specifically excluding industrial and demolition waste. 16 Loading space: Loading and unloading space is a space, typically with dimensions of twelve 17 feet by sixty feet, logically and conveniently located for pickups and/or deliveries or for loading 18 and/or unloading in such a way as it does not conflict with driveways or patron parking, scaled 19 to the delivery vehicles to be used, and accessible to such vehicles. 20 Lodging service: A facility that offers temporary shelter accommodations, or place for such 21 shelter, open to the public for a fee, including, but not limited to inns, hotels, motels, and motor 22 hotels. Bed and breakfast inns are not considered to be lodging services. 23 Lot: A parcel of land occupied or capable of being occupied by a use, building or group of 24 buildings devoted to a common use, together with the customary accessories and open spaces 25 belonging to the same, which is described in a deed or shown on a plat and lawfully recorded in 26 the office of the Superior Court of _____________ County. 27 Lot area, minimum: Minimum lot area means the smallest permitted total horizontal area within 28 the lot lines of a lot, exclusive of street right-of-ways but inclusive of easements. 29 Lot, corner: A lot abutting upon two or more streets at their intersection. 30 Lot coverage, maximum: The percentage of a given lot that may be occupied by all principal and 31 accessory buildings and structures on said lot, measured within the outside of the exterior walls 32 of the ground floor of all principal and accessory buildings and structures on the lot. 33 Lot, double frontage: Any lot, other than a corner lot, which has frontage on two streets. 34 Lot frontage: The width in linear feet of a lot where it abuts the right-of-way of any street. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 9 1 Lot line, front: The front property line coincident with a street right-of-way line. 2 Lot of record: A lot which is part of a subdivision, a plat of which has been recorded in the 3 records of the Clerk of Superior Court of _________ County; or a parcel of land, the deed of 4 which has been recorded in the same office as of the effective date of this Resolution 5 [Ordinance]. 6 Lot width: The distance between side lot lines measured at the front building line. 7 Manufactured home: A structure, transportable in one or more sections, which, in the traveling 8 mode, is eight body feet or more in width or 40 body feet or more in length, when erected on site, 9 is 320 or more square feet in floor area, and which is built on a permanent chassis and designed 10 to be used as a dwelling with or without a permanent foundation when connected to the required 11 utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained 12 therein; or a structure that otherwise comes within the definition of a "manufactured home" under 13 the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended 14 (42 U.S.C. 5401-5445). 15 Manufactured home park: Any property on which three or more manufactured homes are located 16 or intended to be located for purposes of residential occupancy. 17 Manufacturing: Manufacturing means the converting of raw, unfinished materials or products, or 18 any or either of them, into an article or articles or substance of a different character, or for use 19 for a different character, or for use as a different purpose. 20 Mini-warehouse: A structure or group of structures containing separate spaces/stalls that are 21 leased or rented on an individual basis for the storage of goods. 22 Mobile Home: A structure, transportable in one or more sections, which, in the traveling mode, is 23 eight body feet or more in width or 40 body feet or more in length, when erected on site, is 320 or 24 more square feet in floor area, and which is built on a permanent chassis and designed to be used 25 as a dwelling with or without a permanent foundation when connected to the required utilities, and 26 includes the plumbing, heating, air-conditioning, and electrical systems contained therein; and 27 which has not been inspected and approved as meeting the requirements of the National 28 Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 29 5401-5445). 30 Nonconforming building or structure: A building or structure that does not meet one or more 31 setbacks for the land use intensity district in which said building or structure is located; a building 32 or structure that exceeds the maximum lot coverage for the land use intensity district in which said 33 building or structure is located; or, a principal building or accessory structure that otherwise does 34 not comply with dimensional requirements established by this Resolution [Ordinance] for the 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 10 1 particular principal building or accessory structure, or for the use district in which the 2 nonconforming building or structure is located. 3 Nonconforming lot: A lot which does not conform to the lot requirements of the land use intensity 4 district in which the lot is located as established by this Resolution [Ordinance], but which was a 5 lot of record prior to the effective date of this ordinance or its amendment. 6 Nonconforming use: Any building or use of land or building lawfully existing on or before the 7 effective date of this Resolution [Ordinance] or as a result of subsequent amendments to this 8 ordinance, which does not conform with the use provisions of the use district in which it is 9 located. 10 Nursing home: A facility that admits patients on medical referral only and for whom 11 arrangements have been made for continuous medical supervision; maintains the services and 12 facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement 13 with a physician and dentist who will be available for any medical and/or dental emergency and 14 who will also be responsible for the general medical and dental supervision of the home; and, 15 complies with rules and regulations of the Georgia Department of Human Resources. 16 Office: A building, or portion thereof, wherein predominantly administrative, professional, or 17 clerical operations are performed, and does not involve retail sales. 18 Open-air business: Any commercial establishment with the principal use of displaying products 19 in an area exposed to open air on three or more sides; including, but not limited to rock yards, 20 nurseries and garden supply stores, lumber and building materials yards, flea markets, 21 statuaries and monument sales establishments, Christmas tree lots and firewood sales lots, and 22 liquid petroleum dealers and tank sales. A produce stand is not considered to be an open-air 23 business. 24 Parking space: An area having dimensions of not less than 300 square feet, including driveway 25 and maneuvering area, to be used as a temporary storage space for a private motor vehicle. 26 Personal care home: Any dwelling operated for profit or not that through its ownership or 27 management undertakes to provide, or arrange for the provision of, housing, food service, and 28 one or more personal services for two or more adults who are not related to the owner or 29 administrator by blood or marriage. Personal care tasks include assistance with bathing, 30 toileting, grooming, and shaving, dental care, dressing, and eating. 31 Personal service establishment: A facility engaged in the provision of services to persons and 32 their apparel, including, but not limited to barber and beauty shops, coin-operated and full 33 service laundries and dry cleaners, photographic studios, shoe repair and shoeshine shops, 34 dance studios, schools and halls, and travel agencies. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 11 1 Public use: Any building, structure, or use owned and/or operated by the Federal government, 2 State of Georgia, County, City, or any authority, agency, board, or commission of the above 3 governments, that is necessary to serve a public purpose, such as but not limited to the 4 following: government administrative buildings, post offices, police and fire stations, libraries and 5 publicly operated museums, public health facilities and public hospitals, public works camps, 6 parks and community centers, public roads and streets, airports, water and sanitary sewerage 7 intake, collection, pumping, treatment, and storage facilities, emergency medical facilities, and 8 jails and correctional facilities. 9 Recycling center, processing: Any facility utilized for the purpose of collecting, sorting and 10 processing materials to be recycled, including, but not limited to, plastics, glass, paper, and 11 aluminum materials. 12 Research laboratory: A facility for scientific laboratory research in technology-intensive fields, 13 including, but not limited to biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, 14 coatings, fibers, fabrics, films, heat transfer, and radiation research facilities, computer software, 15 information systems, communication systems, transportation, geographic information systems, 16 and multi-media and video technology. Also included in this definition are facilities devoted to 17 the analysis of natural resources, medical resources, and manufactured materials including: 18 environmental laboratories for the analysis of air, water, and soil; medical or veterinary 19 laboratories for the analysis of blood, tissue, or other human medical or animal products; and, 20 forensic laboratories for analysis of evidence in support of law enforcement agencies. 21 Retail trade establishment, enclosed: Any business offering goods and products for sale to the 22 public, which may include the incidental repair of such goods and products, that operates 23 entirely within a structure containing a roof and walls on all sides, except for outdoor display or 24 other use during business hours and accessory storage in enclosed, subordinate buildings. 25 These include, but are not limited to the following: convenience stores including the sale of 26 gasoline; hardware, paint, glass and wallpaper stores; grocery and miscellaneous food stores 27 including retail bakeries; apparel, shoe, and accessory clothing stores; furniture, upholstery, 28 floor covering, household appliance and home furnishing stores; musical instrument stores; 29 radio, television, and computer stores; record, tape, and compact disc stores; eating and 30 drinking places not involving drive-in or drive-through facilities; drug stores, apothecaries and 31 proprietary stores; liquor stores and bottle shops; used merchandise stores and pawn shops; 32 sporting goods stores and bicycle shops; art and stationery stores; hobby, toy, and game shops; 33 jewelry, gift, novelty, souvenir and antique shops; camera and photographic supply stores; 34 luggage and leather goods stores; sewing, needlework, and piece goods stores; catalogue and 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 12 1 mail order stores; news stands, florists, tobacco shops; automotive parts stores not involving 2 repair; video rental and sales stores; and, watch and clock sales and repair shops. 3 Roadside stand: A use offering either farm-grown prepared food products such as fruits, 4 vegetables, canned foods, or similar agricultural products for sale on the premises or within a 5 temporary structure on the premises with no space for customers within the structure itself. 6 Screening: A method of visually shielding or obscuring one abutting or nearby building, 7 structure, or use from another by fencing, walls, berms, densely planted vegetation, or some 8 combination thereof. 9 Semi-public use: Any building, structure, or use owned and/or operated by private utilities or 10 private companies for a public purpose, or that is reasonably necessary for the furnishing of 11 adequate service by such utilities, such as, but not limited to the following: underground and 12 overhead gas, electric, steam, or water distribution or transmission lines or systems, including 13 incidental wires, cables, and poles, but not towers. 14 Street: A dedicated and accepted public right-of-way that affords the principal means of access 15 to abutting properties. 16 Structure: Anything constructed or erected, the use of which requires more or less permanent 17 location on the ground or which is attached to something having more or less permanent 18 location on the ground. 19 Townhouse: One of a group of three or more attached dwelling units under fee-simple 20 ownership. 21 Truck Terminal: A facility for the receipt, transfer, short term storage, and dispatching of goods 22 transported by truck. 23 Variance: A grant of relief from the requirements of this ordinance that permits construction in a 24 matter otherwise prohibited by this ordinance where specific enforcement would result in 25 unnecessary hardship. 26 Warehouse: Storage of materials, equipment, or products within a building for manufacturing 27 use or for distribution to wholesalers or retailers. 28 Wholesale trade establishment: An establishment engaged in the selling or distribution of 29 merchandise to retailers; industrial, commercial, institutional or professional business users; or 30 other wholesalers. 31 Yard: A space on the same lot with a principal building, open unoccupied and unobstructed by 32 buildings or structures from ground to sky except where encroachments and accessory 33 buildings are expressly permitted. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 13 1 Yard, front: An open, unoccupied space on the same lot with a principal building, extending the 2 full width of the lot, and situated between the street right-of-way and the front line of the building 3 projected to the side lines of the lot. 4 Yard, side: An open, unoccupied space on the same lot with the principal building, situated 5 between the building and the side line of the lot and extending from the rear line of the front yard 6 to the front line of the rear yard. 7 Yard, rear: An open, unoccupied space on the same lot with a principal building, extending the 8 full width of the lot and situated between the rear line of the lot and the rear line of the building 9 projected to the side lines of the lot. 10 Zero lot line: The location of a building on a lot in such a manner that one or more building sides 11 have no (zero) side or rear building setback (or yard requirements) and rests directly on a side or 12 rear lot line. A zero lot line development is one where houses in the development on a common 13 street frontage are shifted to one side of their lot. 14 15 6-1-3 ESTABLISHMENT OF LAND USE INTENSITY DISTRICTS 16 17 6-1-3.1 Purpose and Establishment. The land use intensity districts established in 18 this Resolution [Ordinance] are intended to: promote the orderly future development of the 19 county [city] in accordance with the Comprehensive Plan; discourage the size and type of 20 development that would create excessive requirements and costs for public services; 21 discourage uses which because of their size or type would generate an abnormal amount of 22 traffic on minor streets; establish relationships between and among land uses that will ensure 23 compatibility and maintain quality of life; and protect and promote suitable environments for 24 residences, institutions, commercial and other employment centers, and other uses. The 25 following use districts are hereby established: 26 (a) Agricultural District (AG) 27 (b) Rural Residential District (RR) 28 (c) Suburban Residential District (SR) 29 (d) Urban Residential District (UR) 30 (e) Office Residential District (OR) 31 (f) Neighborhood Commercial District (NC) 32 (g) Highway Business District (HB) 33 (h) Central Business District (CBD) 34 (i) Light Industrial District (LI) 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 14 1 Commentary: This model land use intensity district ordinance uses the term "land use intensity 2 district" to avoid use of the term "zoning." It is designed to apply to both rural counties and small 3 cities; however, some of the districts are appropriate only in small cities, while others are 4 appropriate only in rural unincorporated areas. The table below provides recommendations for 5 the applicability of land use intensity districts. All of the districts are potentially applicable in 6 small cities, with the exception of the AG district. An ordinance for a rural county might have as 7 few as four or five districts: AG, RR, NC (perhaps), HB, and LI. 8 LAND USE INTENSITY DISTRICT Agricultural District (AG) Rural Residential District (RR) Suburban Residential District (SR) Urban Residential District (UR) Office Residential District (OR) Neighborhood Commercial District (NC) Highway Business District (HB) Central Business District (CBD) Light Industrial District (LI) 9 APPLICABLE TO SMALL CITIES? Unlikely, not written for small cities Maybe Yes, if public water is available Yes if public water and sewer is available Yes Yes Yes Yes, for downtowns Yes APPLICABLE TO RURAL COUNTIES? Yes Yes Only in areas served by public water No No Maybe Yes No Yes 10 6-1-4 OFFICIAL LAND USE INTENSITY DISTRICTS MAP 11 12 6-1-4.1 Map. The boundaries of land use intensity districts created by this Resolution 13 [Ordinance] are hereby established as shown on a map entitled "Official Land Use Intensity 14 Map, ______ County [City] of __________, Georgia," which is incorporated into this Resolution 15 [Ordinance] by reference. Said map and all explanatory matter thereon accompanies and is 16 hereby made a part of this Resolution [Ordinance]. Upon adoption of this Resolution 17 [Ordinance], the said map shall be signed by the clerk of the county [city] with certification that 18 the map was duly adopted by the county [city] and the date of adoption. It shall be displayed for 19 public view in the Land Use Officer's office at all times. 20 21 6-1-4.2 Map Amendment. If, in accordance with the provisions of this Resolution 22 [Ordinance], changes are made in the district boundaries or other subject matter portrayed on 23 the official land use intensity districts map, such changes shall be made on the official land use 24 intensity district map promptly after the amendment has been approved by the Governing Body. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 15 1 6-1-4.3 Use District of Vacated Right-Of-Ways. Whenever any street, alley or other 2 public way is vacated or abandoned by official action of the Governing Body, the use district 3 adjoining each side of such street, alley, or public way shall be automatically extended to the 4 center of same. 5 6 6-1-5 RULES GOVERNING BOUNDARIES 7 8 Where uncertainty exists with respect to the boundaries of any of the aforesaid use districts as 9 shown on the official land use intensity districts map, the following rules shall apply: 10 11 6-1-5.1 Where district boundaries are indicated as approximately following the center 12 lines of streets or highways, street lines or highway right-of-way lines or such lines extended, 13 such center lines, street lines or highway right-of-way lines shall be construed to be such 14 boundaries. 15 16 6-1-5.2 Where district boundaries are so indicated that they approximately follow lot 17 lines, such lot lines shall be construed to be said boundaries. 18 19 6-1-5.3 Where district boundaries are so indicated that they are approximately 20 parallel to the center lines of streets or highways, or rights-of-way of same, such district 21 boundaries shall be construed as being parallel thereto and at such distance therefrom as 22 indicated on the official land use intensity districts map. If no distance is given, such dimension 23 shall be determined by the use of the scale shown on said official land use intensity districts 24 map. 25 26 6-1-6 LAND USE INTENSITY DISTRICTS 27 28 6-1-6.1 Agricultural District (AG). 29 30 (a) Purpose and intent. Located within ______ County are several areas that 31 contain soils highly suitable for the cultivation of agricultural crops and forests. 32 Land in the agricultural district constitutes a valuable natural resource, and 33 protection is in the public's interest. Agriculture and forestry are major 34 components of the county's economy, and they remain viable economic 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 16 1 enterprises if that land is held in relatively large tracts (40 acres to hundreds of 2 acres). 3 4 The continuation of agriculture and forestry as viable land uses and components 5 of the local economy, is threatened by rural residential, suburban, and urban land 6 uses, and land subdivision. When land is divided into smaller tracts, it becomes 7 less suitable for agriculture and forestry production because the assembly of 8 enough acreage for a farm of minimum efficient size becomes difficult. Smaller 9 tracts generally sell for a higher price per acre, and subdivision of large 10 agricultural or forest tracts generally results in the increase of per-acre land 11 values. The availability of smaller tracts at lower cost attracts exurban and 12 suburban residential and non-farm buyers into the market, thereby increasing 13 adjacent land values for residential uses and decreasing land values for 14 agricultural and forest uses. The cumulative impact of the subdivision of farm 15 and forest lands into small lots increases the level of conflict between 16 farmers/foresters and non-farmers, makes farming more difficult, and eventually 17 leads to dissolution of the agricultural and forest economy. 18 19 Therefore, pursuant to the many goals, objectives, policies, and 20 recommendations of the Comprehensive Plan for the county, an agricultural land 21 use intensity district is hereby established for the purposes of maintaining the 22 agricultural and forest land resources in a form amenable to the continuation of 23 agriculture; restricting the division of farmland so that it does not become broken 24 up into small parcels, thereby avoiding the accelerated conversion of land to 25 residential uses, and discouraging the shift of the land market from agricultural 26 and rural, to suburban and urban. 27 28 These districts are most appropriately located in areas shown as 29 agriculture/forestry on the future land use map of the Comprehensive Plan. 30 31 (b) Permitted and conditional uses. Permitted and conditional uses shall be as 32 provided in Table 6-1-6.1.1, "Permitted and Conditional Uses by Land Use 33 Intensity District." 34 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 17 1 (c) Dimensional requirements. Dimensional requirements shall be as provided in 2 Table 6-1-6.1.2, "Dimensional Requirements by Land Use Intensity District." 3 (d) Intrafamily land transfers. An intrafamily land transfer, as defined by this 4 Resolution [Ordinance], is permitted within the AG district, subject to the following 5 requirements: 6 (1) Subdivision plat. A final subdivision plat shall be prepared in accordance 7 with the provisions of this Resolution [Ordinance] and submitted for 8 administrative approval by the Land Use Officer. The name of each 9 grantee shall be shown on each lot within the subdivision. 10 (2) Lot specifications. Each lot shall be at least one acre but no more than 11 two acres in size. Each lot shall have a minimum lot width of 200 square 12 feet. No lot created by a subdivision plat for an intrafamily land transfer 13 shall be further subdivided except in conformity with the requirements of 14 this Resolution [Ordinance]. 15 (3) Deeds and Affidavits. Simultaneously with the submittal of the final plat, 16 the applicant shall submit property transfer deeds to grantees, which shall 17 be intrafamily members and which shall be recorded simultaneously with 18 the recording of the final plat. The Land Use Officer shall review said 19 deeds to ensure they are being granted to persons consistent with the 20 requirements of this Resolution [Ordinance] for intrafamily land transfers. 21 Any inconsistency with these regulations shall be cause for denying the 22 application for final subdivision plat for an intrafamily land transfer. No 23 intrafamily land transfer shall take place which involves the conveyance of 24 a lot to a person that has already received a property transfer deed as 25 grantee for property created by a previously approved subdivision plat for 26 an intrafamily land transfer. An affidavit, signed by all Grantors and 27 Grantees in a form approved by the Land Use Officer, stating that no 28 consideration for the transfer of the property shall pass other than love and 29 affection, shall be filed with the Land Use Officer. 30 31 Commentary: The AG district, as written, allows single-family dwellings and manufactured 32 homes outright when they are clearly incidental to farm/agricultural uses. It restricts the 33 subdivision of land to lots with 10 acres or more for reasons explained in the purpose statement. 34 This district does allow "intrafamily land transfers" (see section above and definition), which 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 18 1 allows an exception of sorts to the 10 acre lot size, but only for transfers for love and affection to 2 family/relatives. Singling out intrafamily transfers may not provide equal protection to non-family 3 members (who would have more or less the same land use impacts), and thus, raises some 4 legal issues. However, it is believed that exempting or providing special treatment of intrafamily 5 land transfers is a common practice in rural Georgia. It is a tool that may gain political 6 acceptance of an agricultural preservation restriction (i.e., a 10-acre minimum lot size) that 7 might otherwise be considered too restrictive to county elected officials. 8 9 6-1-6.2 Rural Residential District (RR). 10 11 (a) Purpose and intent. RR districts are intended to provide for low-density 12 residential areas consisting of detached single-family dwellings surrounded by 13 yards that provide a desirable and healthy environment. RR districts are not 14 served by sanitary sewer or by public water supply. The RR district establishes a 15 minimum lot size of one unit per two acres but also establishes a maximum gross 16 density to enable conservation subdivisions as an alternative to conventional 17 rural residential subdivision patterns. Because RR districts are served by on-site 18 sewage management systems, maximum density is based generally on public 19 health requirements that lots must be large enough to accommodate a septic 20 tank drain field and replacement drain field area. These districts are most 21 appropriately located in areas shown as single-family residential [rural residential] 22 on the future land use map of the Comprehensive Plan. 23 (b) Permitted and conditional uses. Permitted and conditional uses shall be as 24 provided in Table 6-1-6.1.1, "Permitted and Conditional Uses by Land Use 25 Intensity District." 26 (c) Dimensional requirements. Dimensional requirements shall be as provided in 27 Table 6-1-6.1.2, "Dimensional Requirements by Land Use Intensity District." 28 29 6-1-6.3 Suburban Residential District (SR). 30 31 (a) Purpose and intent. SR districts are intended to provide for moderate density 32 residential areas consisting of detached single-family dwellings surrounded by 33 yards that provide a desirable and healthy environment. SR districts are not 34 served by sanitary sewer, but have a public water supply available. The SR 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 19 1 district establishes a minimum lot size of 30,000 square feet per dwelling but also 2 establishes a maximum gross density to enable conservation subdivisions as an 3 alternative to conventional suburban residential subdivision patterns. These 4 districts are most appropriately located in areas shown as single-family 5 residential [suburban residential] on the future land use map of the 6 Comprehensive Plan. 7 (b) Permitted and conditional uses. Permitted and conditional uses shall be as 8 provided in Table 6-1-6.1.1, "Permitted and Conditional Uses by Land Use 9 Intensity District." 10 (c) Dimensional requirements. Dimensional requirements shall be as provided in 11 Table 6-1-6.1.2, "Dimensional Requirements by Land Use Intensity District." 12 13 6-1-6.4 Urban Residential District (UR). 14 15 (a) Purpose and intent. UR districts are intended to provide for urban density 16 residential areas consisting of detached single-family dwellings surrounded by 17 yards that provide a desirable and healthy environment. UR districts are served 18 by sanitary sewer and public water supply. The UR district establishes a 19 minimum lot size of 10,000 square feet per dwelling. These districts are most 20 appropriately located in areas shown as urban residential [residential] on the 21 future land use map of the Comprehensive Plan. 22 (b) Permitted and conditional uses. Permitted and conditional uses shall be as 23 provided in Table 6-1-6.1.1, "Permitted and Conditional Uses by Land Use 24 Intensity District." 25 (c) Dimensional requirements. Dimensional requirements shall be as provided in 26 Table 6-1-6.1.2, "Dimensional Requirements by Land Use Intensity District." 27 28 6-1-6.5 Office Residential District (OR). 29 30 (a) Purpose and intent. These districts are appropriate in transitional areas between 31 commercial or industrial districts and residential districts. OR districts are 32 intended to provide for low intensity, small-scale offices that do not exceed 5,000 33 square feet of gross floor area devoted to offices on an individual site. 34 Development is intended to be of an intensity, scale, and character similar to 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 20 1 nearby residential development to promote compatibility with the surrounding 2 area. OR districts are particularly appropriate for properties that front collector or 3 arterial streets on the fringe of stable residential neighborhoods. Development 4 within OR districts is expected to have roof-pitches and architectural treatments 5 similar to detached single-family residences, parking areas in proportion to 6 single-family residential uses, and site development features that ensure a 7 coexistence with the adjacent quiet residential living environment. These districts 8 are most appropriately located in transitional areas adjacent to residential 9 neighborhoods and in areas shown as office on the future land use map of the 10 Comprehensive Plan. 11 (b) Permitted and conditional uses. Permitted and conditional uses shall be as 12 provided in Table 6-1-6.1.1, "Permitted and Conditional Uses by Land Use 13 Intensity District." 14 (c) Dimensional requirements. Dimensional requirements shall be as provided in 15 Table 6-1-6.1.2, "Dimensional Requirements by Land Use Intensity District." 16 17 6-1-6.6 Neighborhood Commercial District (NC). 18 19 (a) Purpose and intent. The neighborhood commercial district is intended to provide 20 suitable areas for the retailing of goods and the provision of services to adjacent 21 and nearby residential neighborhoods. Most of the uses permitted in this district 22 are not auto-oriented in nature, and the overall character of neighborhood 23 commercial districts is such that access by both vehicles and pedestrians are 24 possible. These districts are most appropriately located in areas shown as 25 neighborhood commercial [commercial] on the future land use map of the 26 Comprehensive Plan. 27 (b) Permitted and conditional uses. Permitted and conditional uses shall be as 28 provided in Table 6-1-6.1.1, "Permitted and Conditional Uses by Land Use 29 Intensity District." 30 (c) Dimensional requirements. Dimensional requirements shall be as provided in 31 Table 6-1-6.1.2, "Dimensional Requirements by Land Use Intensity District." 32 33 34 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 21 1 6-1-6.7 Highway Business District (HB). 2 3 (a) Purpose and intent. The highway business district is intended to provide suitable 4 areas for those business and commercial uses which primarily serve the public 5 travelling by automobile and which benefit from direct access to major streets. 6 HB districts provide the automobile precedence over the pedestrian. Generally, 7 highway commercial districts are considered unsuitable abutting single-family 8 residential districts because of the uses permitted in the district and their 9 associated off-site impacts. These districts are most appropriately located in 10 areas shown as highway business [commercial] on the future land use map of 11 the Comprehensive Plan. 12 (b) Permitted and conditional uses. Permitted and conditional uses shall be as 13 provided in Table 6-1-6.1.1, "Permitted and Conditional Uses by Land Use 14 Intensity District." 15 (c) Dimensional requirements. Dimensional requirements shall be as provided in 16 Table 6-1-6.1.2, "Dimensional Requirements by Land Use Intensity District." 17 18 6-1-6.8 Central Business District (CBD). 19 20 (a) Purpose and intent. The central business district is intended primarily to apply to 21 the area within the city's downtown that contains commercial storefront area and 22 related uses within a compact business district. This district is distinguished from 23 other commercial land use intensity districts in that greater building lot coverage 24 is permitted and no minimum front, side, or rear yards are required. Permitted 25 uses are those that contribute to a pedestrian-friendly central business district 26 that maintain the character of the city's downtown. Automobile-related facilities 27 and services are not appropriate to this character and are therefore not permitted 28 in this district. These districts are most appropriately located in areas shown as 29 central business district [commercial] on the future land use map of the 30 Comprehensive Plan. 31 (b) Permitted and conditional uses. Permitted and conditional uses shall be as 32 provided in Table 6-1-6.1.1, "Permitted and Conditional Uses by Land Use 33 Intensity District." 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 22 1 (c) Dimensional requirements. Dimensional requirements shall be as provided in 2 Table 6-1-6.1.2, "Dimensional Requirements by Land Use Intensity District." 3 4 6-1-6.9 Light Industrial District (LI). 5 6 (a) Purpose and intent. The purposes of these districts are to provide and reserve 7 suitable areas for a variety of industrial uses including manufacturing, wholesale 8 trade, and distribution activities. LI districts are only intended to be located in 9 areas with relatively level topography, adequate water and sewerage facilities, 10 and access to arterial streets and highways. LI districts may be appropriate at 11 the single lot level of development; however, LI-type uses are encouraged to 12 locate in planned industrial parks where possible. Vehicular activities in light 13 industrial districts consist predominantly of trucks, with some passenger vehicle 14 traffic, and the road system is built to support truck traffic. The industries locating 15 in this district are characterized as lower in intensity, cleaner, and generally more 16 compatible when located adjacent to commercial areas than are heavy 17 manufacturing uses. Light industrial districts are intended to permit only those 18 light industrial and other uses that will not generate excessive noise, particulate 19 matter, vibration, smoke, dust, gas, fumes, odors, radiation and other nuisance 20 characteristics. Light industry is capable of operation in such a manner as to 21 control the external effects of the manufacturing process, such as odors, 22 vibrations, emissions, or other nuisance characteristics through prevention or 23 mitigation devices and conduct of operations within the confines of buildings. 24 Heavy commercial activities and open storage businesses are also included as 25 permitted uses in these districts; however, light industrial districts do not service 26 the general public and, therefore, business uses are generally not permitted. 27 Heavier industrial activities may be permitted if approved as a conditional use. 28 These districts are most appropriately located in areas shown as light industrial 29 [industrial] on the future land use map of the Comprehensive Plan. 30 (b) Permitted and conditional uses. Permitted and conditional uses shall be as 31 provided in Table 6-1-6.1.1, "Permitted and Conditional Uses by Land Use 32 Intensity District." 33 (c) Dimensional requirements. Dimensional requirements shall be as provided in 34 Table 6-1-6.1.2, "Dimensional Requirements by Land Use Intensity District." 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 23 Table 6-1-6.1.1 Permitted and Conditional Uses by Land Use Intensity District The following table shows uses that are permitted (P), conditionally permitted (C), and not permitted (prohibited) (X). USE DESCRIPTION AG RR SR UR OR NC HB CBD LI Accessory uses and structures not otherwise listed in this table, normally incidental to one or P P P P P P P P P more permitted principal uses Active recreational facilities, nonprofit, such as tennis courts and swimming pools, as principal P P P P P P P P P uses Active recreational facilities, nonprofit, such as tennis courts and swimming pools, as accessory P P P P P P P P P to one or more permitted uses Adult businesses X X X X X X X C X Agricultural experiment stations P X X X X X X X X Agricultural production of field crops, fruits, nuts, and vegetables P P P X X X X X X Animal hospitals and veterinary clinics C X X X P P P P X Animal rendering plants X X X X X X X X C Assembly of products X X X X X X X X P Asphalt plants X X X X X X X X C Auction facilities for agricultural products C X X X X X P P X Automobile sales and service establishments X X X X X X P C X Bed and breakfast inns C C X X P P P P X Boarding and rooming houses X X X X P P P P X Boarding homes for agricultural workers C X X X X X X X X Bottling and canning plants X X X X X X X X P Breweries and distilleries X X X X X X X X P Business service establishments, not exceeding 2,500 square feet of gross floor area X X X X P P P P P Business service establishments of more than 2,500 square feet of gross floor area X X X X X X P P P Campgrounds C X X X X X P X X 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 24 Table 6-1-6.1.1 Permitted and Conditional Uses by Land Use Intensity District (Cont'd) The following table shows uses that are permitted (P), conditionally permitted (C), and not permitted (prohibited) (X). USE DESCRIPTION AG RR SR UR OR NC HB CBD LI Cement manufacturers X X X X X X X X P Cemeteries P P P P P P P P P Ceramic production facilities X X X X X X X X C Churches, temples, synagogues, and places of worship, including cemeteries as accessory uses P P C C P P P P P Club or lodge, nonprofit P P X X P P P P X Coating of cans, coils, fabrics, vinyl, metal, furniture, appliance surfaces, wire, paper, and flat X X X X X X X X C wood paneling Cold storage plants and frozen food lockers X X X X X X X X P Colleges and universities X X X X X C P P X Commercial recreational facility, indoor X X X X X P P P P Commercial recreational facility, outdoor X X X X X X C C X Conference centers and retreat centers C X X X X P P P P Conservation areas and passive recreational facilities P P P P P P P P P Contractor's establishments X X X X X X P X P Country clubs, including golf courses and clubhouses including restaurants and golf pro P P P P P P P P P shops as accessory uses Dairies P X X X X X X X X Day care centers serving no more than seventeen persons X X X X P P P P P Day care centers serving eighteen or more persons X X X X C P P P P Distribution of products and merchandise X X X X X X X X P Dry cleaning plants X X X X X X X X P Dwellings, single-family detached X P P P P P P P X 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 25 Table 6-1-6.1.1 Permitted and Conditional Uses by Land Use Intensity District (Cont'd) The following table shows uses that are permitted (P), conditionally permitted (C), and not permitted (prohibited) (X). USE DESCRIPTION AG RR SR UR OR NC HB CBD LI Dwellings, single-family detached and manufactured homes, within an intrafamily land P X X X X X X X X transfer as provided in Section ____. Dwellings, single-family attached (townhouses) X X X X P P P P X Dwellings, two-family (duplexes) X X C C P P P P X Dwellings, multi-family (apartments and condominiums) X X X X C C P P X Dwellings, located within a building containing another principal use X X X X P P P P P Dwellings, single-family detached, including manufactured homes, which are farm related and subordinate to the principal use of the property for P P X X X X X X X agricultural uses Explosives storage X X X X X X X X C Exterminating and pest control businesses and disinfecting services X X X X X X P P P Extraction industries extraction and removal of sand, gravel, top soil, clay, dirt, precious metals, C X X X X X X X P gems, and minerals Family day care home in single-family detached dwellings P P P P P P P P X Feed, grain, and fertilizer manufacturers X X X X X X X X C Fiberglass insulation manufacturers X X X X X X X X P Finance, insurance and real estate establishments, less than 2,500 square feet of X X X X P P P P X gross floor area per establishment Finance, insurance and real estate establishments with 2,500 or more square feet of gross floor area X X X X C P P P X per establishment Food processing plants, including fish and poultry facilities X X X X X X X X C 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 26 Table 6-1-6.1.1 Permitted and Conditional Uses by Land Use Intensity District (Cont'd) The following table shows uses that are permitted (P), conditionally permitted (C), and not permitted (prohibited) (X). USE DESCRIPTION AG RR SR UR OR NC HB CBD LI Forest uses associated with production, management and harvesting of timber P X X X X X X X X Fuel oil distributors and petroleum bulk storage sites X X X X X X C X P Funeral homes and mortuaries X X X X C C P P X Gardens, non-commercial, as accessory to residential use P P P P P P P P X Greenhouses, non-commercial, as accessory to residential use P P C X P X X X X Guest houses P P P P P P P P X Hazardous waste receiving, handling, and disposal facilities X X X X X X X X C Health services, including clinics and hospitals X X X X C C P P X Health spas X X X X X C P P X Hog farms C X X X X X X X X Home occupations P P P P P P P P X Horse stables, non-commercial, as accessory to residential use P P X X X X X X X Ice manufacturing X X X X X X X X P Incinerators, including medical wastes X X X X X X X X C Institutional residential living and care facilities, serving seventeen or less persons X C X X P P P P X Institutional residential living and care facilities, serving eighteen or more persons X X X X C C P P X Junkyards, wrecked motor vehicle compounds, and wrecker services X X X X X X C X P Landfills, inert waste C X X X X X X X C Landfills, sanitary C X X X X X X X C Livestock raising, not including poultry and hogs P X X X X X X X X 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 27 Table 6-1-6.1.1 Permitted and Conditional Uses by Land Use Intensity District (Cont'd) The following table shows uses that are permitted (P), conditionally permitted (C), and not permitted (prohibited) (X). USE DESCRIPTION AG RR SR UR OR NC HB CBD LI Lodging services X X X X X X P P X Manufactured homes P P P P X X X X X Manufacturing, processing, recycling, and assembling of chemicals, floor coverings, glass, and rubber, unless more specifically listed in this X X X X X X X X P table Manufacturing, processing, recycling, and assembling within buildings, not otherwise X X X X X X X X C specified in this table Metal products manufacturing X X X X X X X X P Mini-warehouses and self storage facilities X X X X X X P X P Mobile homes X X X X X X X X X Nurseries and greenhouses: wholesale and retail sale of trees, plants, and shrubs C X X X X X P P X Offices X X X X P P P P P Open air businesses and unenclosed retail trade establishments X X X X X X P P X Open storage yards as principal uses X X X X X X P C P Parking lots and decks, off-site, as principal uses X X X X X X P P P Personal service establishments X X X X X P P P X Poultry houses C X X X X X X X X Public and semi-public uses P P P P P P P P P Pulp mills X X X X X X X X C Recycling centers, collection points P P X X P P P P P Recycling centers, processing X X X X X X X X P Research, scientific, and testing laboratories C X X X X X P P P Restaurants, including outside seating areas but not including drive-ins or drive-through facilities X X X X X P P P P Restaurants, including drive-ins or drive-through facilities X X X X X X P P X 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 28 Table 6-1-6.1.1 Permitted and Conditional Uses by Land Use Intensity District (Cont'd) The following table shows uses that are permitted (P), conditionally permitted (C), and not permitted (prohibited) (X). USE DESCRIPTION AG RR SR UR OR NC HB CBD LI Retail trade establishments, enclosed, not exceeding 2,500 square feet of gross floor area X X X X X P P P X Retail trade establishments, enclosed, exceeding 2,500 square feet of gross floor area X X X X X C P P X Roadside stands P X X X X X X X X Schools for dance, martial arts, and other disciplines operated for profit or nonprofit X X X X X P P P P Schools, private elementary, middle, and high P P P P P P P P P Schools, trade and technical X X X X X X P P P Service and fuel filling stations X X X X X P P P P Solid waste transfer stations C X X X X X X X P Solvent metal cleaning X X X X X X X X C Stock yards and slaughterhouses X X X X X X X X C Temporary structures and uses approved by the Land Use Officer P P P P P P P P P Textile manufacturing and processing X X X X X X X X P Tire retreading and recapping facilities X X X X X X C X P Truck terminals X X X X X X C X P Volatile organic liquid handling and storage X X X X X X X X C Warehouses and storage buildings X X X X X X X X P Wholesale trade establishments X X X X X X X X P Wineries P X X X X X X X P Wood products manufacturing X X X X X X X X P Uses not specified in this table (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) In cases where a use is proposed but is not listed in this table, the Land Use Officer shall make an administrative determination as to whether or not the use is permitted in the land use intensity district or districts in question. The Land Use Officer may determine that such use is substantially similar to a permitted use and allow that use to be permitted. The Land Use Officer may determine that such use is substantially similar to a conditional use, and permit that use as a conditional use. The Land Use Officer may determine that such use is prohibited altogether in the use district or districts in question. In making such determinations, the Land Use Officer shall consult the purpose and intent statements of the land use intensity district or districts in question, in addition to comparing the use in question to uses specifically listed in this table. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 29 Table 6-1-6.1.2 Dimensional Requirements by Land Use Intensity District DIMENSIONAL REQUIREMENT Minimum lot area to rezone to the district (acres) Maximum height (feet) Maximum density (units per acre) Minimum lot size (square feet except as shown) Minimum lot width (feet) Minimum front yard setback from major street right-of-way (feet) Minimum front yard setback from minor street right-of-way (feet) Minimum side setback, interior lot line (feet) Minimum rear setback (feet) Minimum setback when abutting an RR, SR, UR, or OR district Minimum width of natural buffer abutting an RR, SR, UR, or OR district Minimum landscape strip required along right-ofways for any nonresidential use (width in feet) Minimum landscape strip required along side property lines for any nonresidential use (width in feet) Maximum lot coverage (percent) Minimum landscaped open space (percent) NA = Not Applicable AG RR SR UR OR NC HB CBD LI NA 1 NA NA 0.5 0.5 NA NA 1 40 35 35 35 35 40 40 50 50 NA (1) 1 2 4 5 5 5 10 NA 10 acres 43,560 30,000 10,000 10,000 10,000 10,000 10,000 NA (1) 200 140 100 70 70 100 100 25 200 60 50 40 30 20 20 30 None 75 40 40 30 25 20 10 20 None 50 25 20 15 10 10 10 10 None 50 40 30 20 15 10 10 25 None 50 None None None None 35 40 50 35 75 None None None None 25 30 40 25 60 None None None None 20 10 20 None 20 None None None None 10 10 10 None None 20 20 25 25 25 25 30 None 40 None None None None 25 20 20 None 20 (1) Within an AG district, the minimum lot size for any subdivision of land except those allowed for an intrafamily land transfer shall be 10 acres per lot. Lot sizes for lots within intrafamily land transfers shall be subject to the provisions of Section 6-1-6.1. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 30 1 6-1-7 GENERAL PROVISIONS 2 3 6-1-7.1 Use. No building, structure, land, or water shall hereafter be used or 4 occupied, and no building or structure or part hereof shall be erected, constructed, 5 reconstructed, moved or structurally altered except in conformity with the regulations of this 6 Resolution [Ordinance] or amendments thereto, including the use provisions for the use district 7 in which it is located. Except as otherwise provided for in this Resolution [Ordinance] pursuant 8 to interpretation of the Land Use Officer, any use not specifically permitted in a use district shall 9 be prohibited in that district. 10 11 6-1-7.2 Height. No building or structure shall hereafter be erected or altered so as to 12 exceed the height limits as may be generally established by this Resolution [Ordinance] for 13 different types of buildings and structures, and as provided for the use district in which the 14 property is located. The height limitations of this Resolution [Ordinance] shall not apply to 15 church spires, belfries, cupolas and domes not intended for human occupancy, or public utility 16 facilities. 17 18 6-1-7.3 Maximum Density, Minimum Lot Size, and Minimum Lot Width. No lot shall 19 hereafter be developed with a number of housing units that exceeds the residential density for 20 the use district in which the lot is located as established by this Resolution [Ordinance]. No lot 21 shall hereafter be developed that fails to meet the minimum lot size and minimum lot width for 22 the use district in which the lot is located as established by this Resolution [Ordinance], except 23 as otherwise specifically provided. 24 25 6-1-7.4 Minimum Required Yards and Building Setbacks. No building shall hereafter 26 be erected in a manner to have narrower or smaller rear yards, front yards, or side yards than 27 specified for the use district in which the property is located, or for the specific use if yards and 28 setback regulations pertain to a specific use in this Resolution [Ordinance]. No lot shall be 29 reduced in size, and no principal building shall hereafter be constructed, so that the front, side, 30 or rear yards required by the use district in which said lot and building are located are not 31 maintained. This section shall not apply when a portion of a lot is acquired for a public purpose. 32 No part of a yard shall be included as a part of the yard required for another building. As 33 established by this Resolution [Ordinance], the application of buffer requirements supersede 34 these minimum required yards. 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 31 1 6-1-7.5 One Principal Building on a Lot. Only one principal building and its 2 customary accessory buildings may hereafter be erected on any lot, unless this Resolution 3 [Ordinance] specifically provides otherwise; further provided, that more than one multi-family 4 dwelling, office, institutional, commercial, or industrial building may be located on a lot or tract. 5 6 6-1-7.6 Coverage Requirements. No lot shall hereafter be developed to exceed the 7 maximum lot coverage specified for the use district in which it is located. No lot shall be 8 developed with less than the minimum landscaped open space specified for the use district in 9 which said lot is located. 10 11 6-1-7.7 Buffer and Landscape Strip Requirements. No lot shall hereafter be 12 developed with less than the minimum buffers and landscape strips specified for the land use 13 intensity district in which said lot is located. 14 15 6-1-7.8 Visibility at Intersections and Driveway Entrances. At the intersection of 16 public streets, at the intersection of any vehicular access drive with a public street, and at the 17 intersection of any vehicular access drive with another vehicular access drive, no plant, 18 structure, fence, wall, sign or other element shall be placed or maintained in a manner that 19 obstructs vision. 20 21 6-1-8 NONCONFORMING SITUATIONS 22 23 6-1-8.1 Nonconforming Lots. A lot of record, as defined by this Resolution 24 [Ordinance], that does not conform to the minimum lot size or minimum lot width for the use 25 district in which it is located or a specific lot size requirement of this Resolution [Ordinance] may 26 be used as a building site, provided that the access, height, buffer, setback, and other 27 dimensional requirements of the use district in which the lot of record is located are complied with 28 and, provided further, that the lot meets all the current standards and requirements of the 29 _________ County Health Department. 30 31 6-1-8.2 Expansion of Nonconforming Buildings and Structures. A non-conforming 32 building or structure, as defined by this Resolution [Ordinance], may be expanded, enlarged, or 33 extended if such expansion, enlargement, or extension is for a use that conforms to the 34 requirements for the use district in which the building or structure is located. Any such expansion, 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 32 1 enlargement, or extension of a nonconforming building or structure shall meet the minimum yard, 2 setback, buffer, height, bulk, and other dimensional requirements for the use district in which said 3 non-conforming building or structure is located. 4 5 6-1-8.3 Nonconforming Uses. A use of land, building, or structure which, at the time 6 of the enactment or amendment of this Resolution [Ordinance], does not comply with the 7 provisions for the use district in which it is located as defined in this Resolution [Ordinance] as a 8 nonconforming use, may be continued even though such use does not conform with the use 9 provisions of the district in which said use is located. except that the use of a principal 10 nonconforming building, structure or land shall not be: 11 (a) Changed to another nonconforming use. A change in tenancy or ownership shall 12 not be considered a change to another nonconforming use, provided that the use 13 itself remains unchanged; 14 (b) Re-established after discontinuance for one year. Vacancy and/or non-use of the 15 building, regardless of the intent of the owner or tenant, shall constitute 16 discontinuance under this provision. If a business registration is required for said 17 nonconforming use and the business registration pertaining to said use has lapsed 18 in excess of six months, said lapse of business registration shall constitute 19 discontinuance; 20 (c) Expanded, enlarged or extended, in land area or in floor space or volume of 21 space in a building or structure, except for a use which complies with the use 22 district in which said use is located; or, 23 (d) Rebuilt, altered or repaired after damage exceeding 50 percent of its 24 replacement cost at the time of damage as determined by the building official, 25 except for a use that conforms with the use district in which said use is located, 26 and provided such rebuilding, alteration or repair is completed within one year of 27 such damage. 28 29 It shall be the responsibility of the owner of a nonconforming use to prove to the Land Use 30 Officer that such use was lawfully established and existed on the effective date of adoption or 31 amendment of this Resolution [Ordinance]. 32 33 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 33 1 6-1-9 PARKING AND LOADING 2 3 6-1-9.1 Off-Street Parking Required. Off-street automobile parking spaces shall be 4 provided on every lot on which any building, structure, or use is hereafter established in all use 5 districts, except as otherwise specifically exempted by this Resolution [Ordinance]. Required 6 parking spaces shall be available for the parking of operable passenger vehicles for residents, 7 customers, patrons, and employees, as appropriate given the subject use. 8 9 6-1-9.2 Location of Off-Street Parking Areas. All parking spaces required by this 10 Resolution [Ordinance] shall be provided on the same lot with the main building or use that it 11 serves. Upon demonstration that the parking spaces required are not available and cannot 12 reasonably be provided on the same lot as the building, structure or use it serves, the Land Use 13 Officer may permit the required parking spaces to be provided on any lot, of which a substantial 14 portion is within 400 feet of such building, structure, or use. This provision shall require 15 submittal of evidence of ownership or valid agreement to lease the parking area off-site that is 16 intended to be used to comply with this article. 17 18 6-1-9.3 Parking Plan Required. Before any building or land use permit is issued, the 19 proposed parking lot layout and area must be found by the Land Use Officer to be in compliance 20 with all requirements of this Resolution [Ordinance]. A parking plan, for all but detached single- 21 family uses, shall be submitted for approval by the Land Use Officer. Occupancy of the land or 22 use of a building shall not occur until the Land Use Officer determines that parking facilities are 23 available in accordance with the approved plan. 24 25 6-1-9.4 Minimum Number of Parking Spaces Required. On each lot where a 26 building, structure, or use exists, off-street parking shall be provided according to Table 6-1- 27 9.4.1. No existing facility used for off-street parking shall be reduced in capacity to less than the 28 minimum required number of spaces, or altered in design or function to less than the minimum 29 standards. 30 31 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 34 1 Table 6-1-9.4.1 2 Minimum Number of Off-Street Parking Spaces Required 3 Parking Spaces Required Use (Per Gross Floor Area Devoted to the Use, or Per Employee on Largest Shift, Except as Otherwise Specified) COMMERCIAL USES Art gallery One per 400 square feet Auto parts store One per 400 square feet plus one per employee Automobile sales One per employee, plus one per 150 square feet of repair space, plus one per 600 square feet of showroom Automobile service and repair Two per service bay Bank, credit union, One per 300 square feet (also see stacking requirements savings and loan for drive-through facilities) Barber shop or beauty One and one-half per operator's chair, plus one per parlor employee Bed and breakfast inn Two for the owner-operator plus one per guest bedroom Billiard hall/amusement arcade One per 200 square feet Bowling alley Two for each alley, plus one per each employee Convenience store One per 250 square feet plus one per employee Dance hall or school One space per 150 square feet Funeral home or mortuary One per four seats, plus one per two employees, plus one for each hearse, ambulance, or company vehicle Furniture, carpet, appliance and home furnishing store One per 1,000 square feet plus one per employee and one per delivery truck Grocery or food store One per 200 square feet Hardware store One per 400 square feet plus one per employee Health or fitness club Ten plus one per each 250 square feet over 1000 square feet One per guest room, plus one per employee, plus one per Hotel or motel specified requirements for restaurants and meeting rooms as applicable Kennel One per 400 square feet, plus one per employee Laundromat One per each two washer/dryer combinations Nursery or greenhouse One per 1000 square feet devoted to sales Office One per 300 square feet Photographic studio One per 400 square feet Restaurant, bar, or tavern One per 100 square feet Self storage facility (mini- One per facility manager, plus one per each forty storage warehouse) units, with two spaces total minimum Service station One per two employees plus three for each service bay Shopping center Four and one-half spaces per 1000 square feet Theater, cinema One per three fixed seats Veterinarian, animal hospital Four per practitioner 4 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 35 1 Table 6-1-9.4.1 (Cont'd) 2 Minimum Number of Off-Street Parking Spaces Required 3 INDUSTRIAL USES Parking Spaces Required Use (Per Gross Floor Area Devoted to the Use, or Per Employee on Largest Shift, Except as Otherwise Specified) Manufacturing, processing, assembling Two per three employees Warehouse One per two employees or one per 1,500 square feet, whichever is greater Wholesale merchandise One per 2,000 square feet INSTITUTIONAL USES Church, temple, synagogue and place of One per four seats in room with greatest seating capacity worship Day care center One per employee, plus one per eight children, plus one space for each vehicle associated with facility Government office One per 300 square feet Hospital One per four beds, plus one per two employees Library or museum One per 300 square feet Nursing home One per three patient beds Post office One per 200 square feet School elementary One per employee plus one additional per 10 employees School middle One per ten students or one per five seats in auditorium or main assembly area, whichever is greater RESIDENTIAL USES Apartment, one bedroom One per unit Apartment, two bedroom One and one-half per unit Apartment, three bedroom Two per unit Boarding or rooming One space for each two guest rooms, plus one additional house space for the owners, if resident on the premises Residence within building containing a non- One per unit residential use Single-family detached or attached (including Two per unit manufactured home) Two family dwelling Two per unit 4 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 36 1 Table 6-1-9.4.1 (Cont'd) 2 Minimum Number of Off-Street Parking Spaces Required 3 RECREATIONAL USES Parking Spaces Required Use (Per Gross Floor Area Devoted to the Use, or Per Employee on Largest Shift, Except as Otherwise Specified) Amusement park Per parking generation study funded by applicant and approved by the Director Assembly hall or One per four fixed seats, or one per 150 square feet of auditorium seating area, whichever is less Basketball court Five per court Billiard hall Two per table Community center One per 250 square feet One per 400 square feet of gross floor area. Plus one and Country club one-half per hole for golf course, two per tennis court, and one per 100 square feet of surface for swimming pools Golf course Three per hole Golf driving range, principal use One for every tee Miniature golf Two per hole Skating rink One per 250 square feet Stadium or sport arena One per twelve feet of bench seating Swimming pool subdivision amenity One per 150 square feet of surface water area Swimming pool public One per 100 square feet of surface water area Tennis or racquet ball court Three spaces per court 4 5 6-1-9.5 Interpretations of Parking Requirements. Where a fractional space results 6 during the calculation of required parking, the required number of parking spaces shall be 7 construed to be the next highest whole number. Where the parking requirement for a particular 8 use is not described in this article, and where no similar use is listed, the Land Use Officer shall 9 determine the number of spaces to be provided based on requirements for similar uses, location 10 of the proposed use, the number of employees on the largest shift, the total square footage, 11 potential customer use, and other expected demand and traffic generated by the proposed use. 12 13 6-1-9.6 Reduction of Required Parking for Mixed or Joint Use of Parking Spaces. 14 When more than one use is provided on a lot, and such uses operate more or less 15 simultaneously, the total requirements for off-street parking spaces shall be the sum of the 16 requirements for the various uses computed separately. The Land Use Officer may authorize a 17 reduction in the total number of required off-street parking spaces for two or more uses jointly 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 37 1 providing parking facilities when their respective hours of need of maximum parking do not 2 normally overlap, provided that the developer submits sufficient data to demonstrate that the 3 hours of maximum demand for parking at the respective uses do not normally overlap. The 4 required spaces assigned to one use may not be assigned to another use at the same time, 5 except that one-half of the parking spaces required for churches, theaters or assembly halls 6 whose peak attendance will be at night or on Sundays may be assigned to a use which will be 7 closed at night or on Sundays. 8 9 6-1-10 LOADING 10 11 6-1-10.1 Off-Street Loading Areas Required for Specified Uses. On the same lot with 12 every building, structure or part thereof, erected or occupied for manufacturing, storage, 13 warehouse, truck freight terminal, department store, wholesale store, market, hotel, hospital, 14 mortuary, dry cleaning plant, retail business, or other uses similarly involving the receipt or 15 distribution of vehicles, materials or merchandise, there shall be provided and maintained 16 adequate space for the standing, loading and unloading of such materials to avoid undue 17 interference with public use of streets, alleys, and parking areas. 18 19 6-1-10.2 Loading Area Specifications. Unless otherwise approved by the Land Use 20 Officer, loading spaces shall be a minimum of 14 feet wide, 40 feet long, with 14 feet of height 21 clearance. Said loading area shall be located to the rear of the building unless site design 22 precludes a rear location, in which case loading shall be to the side of a building. 23 24 6-1-10.3 Minimum Number of Off-Street Loading Spaces Required. One off -street 25 loading space shall be provided for the first 10,000 square feet of gross floor area or fractional 26 part thereof for light industrial use and one off-street loading space for the first 5,000 square feet 27 of gross floor area or fractional part thereof for retail or other non-industrial use for which a 28 loading space is required. One additional space shall be required for each additional 25,000 29 square feet of gross floor area or fractional part thereof for light industrial use and for each 30 additional 10,000 square feet of gross floor area or fractional part thereof for retail or other non- 31 industrial use. 32 6-1 Land Use Intensity Districts and Maps April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning GEORGIA'S HOUSING SOURCE THE DEPARTMENT OF COMMUNITY AFFAIRS A comprehensive guide to the Department of Community Affairs' housing programs and resources for the state of Georgia. JULY 2002 USING THIS GUIDE Affordable, quality housing builds strong communities, a strong economy, and provides the cornerstone of family life. As the state housing agency, the Department of Community Affairs works to ensure that Georgian's have the housing they need. DCA is responsible for financing affordable housing development, setting building standards, and reviewing local plans. DCA also provides financial help to tenants and homeownership education and financing for home buyers. Programs that help finance emergency shelter and services, neighborhood revitalization, and programs for citizens with special needs are also the responsibility of DCA. Because of the diversity of housing programs within the Department, this publication is intended to be a guidebook. It provides a brief overview of all DCA's housing related programs and contact information for the office responsible for that program. Because program availability, selection criteria and application procedures will change from time to time, interested individuals are strongly encouraged to visit our web site at www.dca.state.ga.us to get up-to-date, detailed information on the state's housing programs. Look For These: The housing programs listed in this guide include a description and contact information for each. Next to each program title, you will find icons representing corresponding information for each program. The description of each icon is listed below. Administration of State/Federal Requirement DCA administration of a state or federal law or regulation Funding Available Loan or grant program Technical Assistance or Other Services A program that offers assistance that does not include monetary assistance Individuals Meeting Program Requirements Persons meeting the program requirements may apply for program funding (loan or grant as applicable) Local Government Local governmental organizations such as cities, counties, or housing authorities(depending on program requirements) may apply for program funding Business Private, for-profit businesses meeting program requirements may apply for program funding (loan, grant, or tax credit as applicable) Nonprofit Organization Not-for-profit organizations meeting program requirements may apply for program funding (loan, grant, or tax credit as applicable) TABLE OF CONTENTS LAND USE AND CONSTRUCTION CODES .................... 2 - 3 Construction Codes Coordinated Planning Program Industrialized Buildings Program LOCAL GOVERNMENT PROGRAMS................................ 3 - 4 Community Development Block Grant Program Community HOME Investment Program Training and Technical Assistance HOMEOWNERSHIP .......................................................... 5 -6 Home Buyer Education Home Buyer Mortgage Program OwnHOME Down Payment Loan RENTAL HOUSING .......................................................... 6 - 9 Bond Allocation Program Home CHDO Predevelopment Loan Program HOME Rental Housing Loan Program Housing Tax Credit Program Landlord Tenant Hotline and Handbook Rural Rental Housing Development Fund Section 8 Rental Assistance SPECIAL NEEDS AND EMERGENCY SHELTERS .......... 10 - 11 Emergency Shelter Grant Program Housing Opportunities for Persons with AIDS Permanent Supportive Housing Program Shelter Plus Care Program 1 CONSTRUCTION CODES Construction codes set the basic rules for construction in Georgia in 14 minimum standard codes. A committee of outside experts reviews the model codes and recommends adoption and/or modifications to DCA's Board, which then adopts them for the State. Georgia state law specifies that 8 of the 14 codes are mandatory. The mandatory codes cover areas such as electrical, mechanical, gas, plumbing energy conservation, and fire prevention. These codes apply to all construction whether or not the codes are enforced by the city or county. The remaining 6 codes are permissive codes. They are applicable only if a local government chooses to adopt and enforce them. The permissive codes include topics such as swimming pools, excavation and grading, and existing buildings. Contact: Construction Codes and Industrialized Buildings Section at 404-679-3118 or by email at codes@dca.state.ga.us COORDINATED PLANNING PROGRAM The Georgia Planning Act of 1989 directs all city and county governments to prepare a comprehensive plan to guide their future growth. The Act also provides for the preparation of regional and state plans. The comprehensive plans must provide information on the community's population, economic development plans, natural and historic resources, community facilities, housing and land use. For each of these elements, the plan must include an inventory and assessment of needs, a statement of goals, and a description of the strategy for plan implementation. The Act calls for an update of the short term work program at least every five years and a complete update of the plan at least every ten years. Because these plans address transportation, community facilities, and land use, they have an important impact on the type and affordability of housing available within a community. Contact: The Office of Coordinated Planning at 404-679-3114 or by email at planning@dca.state.ga.us 2 INDUSTRIALIZED BUILDINGS PROGRAM Industrialized buildings are houses and commercial buildings that are mass-produced in factories and then transported to building sites to be installed on a site-built foundation. Because many components of these buildings are already enclosed in the buildings' walls when they reach the building sites, local building officials cannot inspect them. The Industrialized Buildings Program provides for the inspection of these factory-built units to ensure that they meet the state's construction standards regardless of where they are built. The manufacturers must obtain DCA approval for their manufacturing systems and quality control procedures. DCA then contracts with independent engineers and construction experts to inspect these systems and procedures, and to inspect the industrialized buildings during manufacture. Manufactured homes (sometimes called mobile homes) are not covered by this program. They are regulated by the U.S. Department of Housing and Urban Development. Contact: Construction Codes and Industrialized Buildings Section at 404-679-3118 or by email at IB@dca.state.ga.us COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The Community Development Block Grant (CDBG) program provides federal funds for housing improvement, local infrastructure such as water and sewer lines, economic development projects, and community facilities such as health centers and Head Start centers. Projects funded under this program must largely benefit low and moderate-income persons. Only cities and counties in Georgia that do not receive CDBG funds directly from the U.S. Department of Housing and Urban Development may apply for these grants from DCA. Grants are awarded through a competitive process one time each year. Local matching funds may be required, depending on the grant amount. Contact: Office of Grant Administration at 404-679-3176 or by email at CDBG@dca.state.ga.us 3 COMMUNITY HOME INVESTMENT PROGRAM The Community HOME Investment Program (CHIP) makes federal HOME funds available to local governments for housing activities designed to benefit low- and moderate-income persons. Funds may be used for the production, acquisition, or rehabilitation of housing. CHIP funds may also be used in conjunction with CDBG funds. Only cities and counties in Georgia that do not receive HOME funds directly from the U.S. Department of Housing and Urban Development may apply for these grants from DCA. Grants are awarded through a competitive process one time each year. The CHIP program is designed to encourage private investment in housing. Competitive applications should demonstrate leveraging of private funds. Contact: Office of Grant Administration at 404-679-3167 or by email at CHIP@dca.state.ga.us TRAINING AND TECHNICAL ASSISTANCE DCA provides a range of training and technical assistance opportunities related to housing. Applicants' workshops are available for many of the grant and loan programs offered by the Department. Readers interested in training on a specific grant or loan program's application process should contact the responsible office listed in this publication. A general housing course for city officials is offered at least once a year as part of the Georgia Municipal Association training schedule. The Georgia Academy for Economic Development also includes housing information as part of its curriculum. In addition, special seminars, workshops, and technical assistance can be arranged for community leaders on a limited basis. The Department's regional staff provides a local resource of information about DCA's programs and areas of expertise. Contact: Housing Finance Division at 404-327-6855 or by email at communityhousing@dca.state.ga.us 4 HOME BUYER EDUCATION Funded in part by a grant from the U.S. Department of Housing and Urban Development, DCA has contracted with local Consumer Credit Counseling Service agencies to provide individual home buyer counseling services. The counseling is intended to enable each household to make an informed decision about purchasing a home, considering their own financial and personal situation, and to keep their homes once the purchase is complete. DCA has also contracted with a number of nonprofit agencies to offer Home Buyer Education Seminars to groups around the state. With the help of the Latin American Association, DCA's homeownership booklet is available in Spanish. Contact: Office of Single Family Housing at 404-679-0624 or by email at housing@dca.state.ga.us HOME BUYER MORTGAGE PROGRAM The Home Buyer Program provides low-interest rate mortgage loans for borrowers with moderate incomes and modest assets. Except for targeted rural counties and some urban census tracts, borrowers must be first-time home buyers. The loans are 30-year fixed rate mortgages with interest rates that are typically 1 percent below the market rate. Loans are originated under FHA, VA, conventional or USDA/Rural Development guidelines. Homes purchased under the program cannot exceed maximum sales price limits. Application for these loans is made through a network of participating local lenders across the state. The required down payment will vary according to loan type, but is generally 3 percent of the sales price. A home purchased under this program must be the borrower's primary residence. Mortgage payments are generally made to State Home Mortgage, which is a part of DCA. Contact: The Office of Single Family Housing at 404-679-4847 or by email at housing@dca.state.ga.us 5 OWNHOME DOWN PAYMENT LOAN The OwnHOME Program provides 0 percent interest loans to help first-time home buyers with the required down payment, closing costs and prepaid items associated with purchasing a home. Generally OwnHOME loans are available only if the borrower also uses the Home Buyer mortgage program described above. OwnHOME loans are made as delayed repayment second mortgage loans of up to $5,000. Delayed repayment means that the loan is repaid when the home is sold, transferred or re-financed or if the home is no longer the borrower's primary residence. OwnHOME borrowers must provide a portion of their own funds for the down payment, closing costs or prepaid items. The required borrower contribution varies based on the purchase price of the home. Borrowers must complete a home buyer education seminar. OwnHOME loans are available from local lenders participating in the Home Buyer program. Contact: The Office of Single Family Housing at 404-679-4847 or by email at housing@dca.state.ga.us BOND ALLOCATION PROGRAM Federal tax law allows for tax-exempt government bonds to be issued for certain types of nongovernmental (i.e., private) activities. The advantage of this type of bond is that it provides lower interest financing for many kinds of projects. The amount of privateactivity tax-exempt bonds available each year for all categories is limited. Allocating the use of these bonds is the responsibility of each state government. In Georgia, DCA is responsible for the administration of the Georgia Allocation System. There are several general categories of allowable use including housing, student loans, and manufacturing and processing facilities. Bonds used for multifamily housing (rental developments) must set aside a portion of the units for low to moderate income families. Rental developments financed with these bonds are also eligible for state and federal housing credits without having to compete in the annual tax credit application cycle. Bonds used for homeownership must create cost-effective mortgages for first-time and moderate income home buyers. Contact: Executive Office at 404-679-4943 or by email at bonds@dca.state.ga.us 6 HOME CHDO PREDEVELOPMENT LOAN PROGRAM The HOME CHDO Predevelopment Loan Program provides interest free loans for up to 24 months to nonprofit organizations that have been designated by DCA as Community Housing Development Organizations (CHDOs). This HOME-funded program was created for CHDOs that plan to become owners of new or rehabilitated rental housing for low and very low income tenants. The loans help CHDOs prepare complete and comprehensive development financing applications to either DCA's HOME Rental Housing Loan or Permanent Supportive Housing Loan programs. Funds may be used for costs such as market studies, title search costs, environmental review and appraisals. The predevelopment loans are repaid from the proceeds of the project's construction financing. Contact: The Office of Housing Planning and Administration at 404-679-0680 or by email at nonprofithousing@dca.state.ga.us HOME RENTAL HOUSING LOAN PROGRAM The HOME Rental Housing Loan Program provides loans to help develop affordable rental housing. Funded by a portion of Georgia's federal HOME grant, the program offers very low interest construction-to-permanent loans with flexible repayment terms, usually over 20 years. This program helps lower the loan payments, making reduced rents feasible. Owners agree to keep the property in good condition and rent the HOME-funded units to low income residents for at least 20 years. Loan funds may be used for rehabilitation and new construction, or adaptive reuse of existing buildings for rental housing. The HOME loan program may be used independently or with tax credits, depending on economic feasibility and market conditions. Used in combination with tax credits, the HOME loans can push rents down, making the housing affordable to lower income tenants. A percentage of the HOME funds under this program is set aside for nonprofit organizations qualified by the DCA as Community Housing Development Organizations (CHDOs). Developments in areas that receive their own allocation of HOME funds from the federal government are not eligible for this program, unless they are sponsored by CHDOs or serve tenants with special needs. Contact: The Office of Affordable Housing at 404-679-0648 or by email at rentalhousing@dca.state.ga.us 7 HOUSING TAX CREDIT PROGRAM The Housing Tax Credit Program provides a 10-year federal and state tax incentive to attract private investment for the development of affordable rental housing. The money raised by sale of the tax credits reduces the size of the mortgage needed for the development, making reduced rents feasible. Owners agree to keep the property in good condition and rent all or some of the units to low income residents for at least 15 years. DCA encourages mixed-income developments and those that support community development objectives. The annual application process for the credits is very competitive. A percentage of the tax credits is set aside for qualified nonprofit organizations. Tax credits are also available on a non-competitive basis for multifamily residential developments financed with tax-exempt private activity bonds. Eligible activities include acquisition and/or substantial rehabilitation of existing rental housing and new construction. Contact: The Office of Affordable Housing at 404-679-0647 or by email at rentalhousing@dca.state.ga.us LANDLORD TENANT HOTLINE AND HANDBOOK Georgia Legal Services Program handles this program for DCA. It provides answers to frequently asked questions from both renters and landlords. Even experienced property owners often need to know more about their rights and responsibilities under Georgia law. Tenants often need help understanding lease provisions or how to handle unusual situations. Information can be obtained by calling the Hotline or going online to read the Handbook at the DCA website at: www.dca.state.ga.us/housing/landlord/contents.html. Contact: The Georgia Landlord-Tenant Hotline at 1-800-369-4706. 8 RURAL RENTAL HOUSING DEVELOPMENT FUND The Rural Rental Housing Development Fund provides loans to rural public housing authorities to construct and manage affordable rental units. Funds must be used for developments of 10 or fewer rental units. The program provides a combination of constructionto-permanent loans and grants. The loan portion is repaid over a period of 20 to 30 years at an interest rate of 0 to 1 percent. The program also provides an opportunity for these agencies to gain development experience and training. Participating public housing authorities are required to provide cash equity equal to the level of operating reserves required by underwriting. A Request for Qualifications for this program is issued one time each year. Selected agencies are then provided with education on the housing development process to assist in their preparation of complete development financing applications. Public housing authorities from across Georgia may participate in this program; however, the housing constructed must be located outside of the following urban counties: Bibb, Chatham, Cherokee, Clarke, Clayton, Cobb, DeKalb, Dougherty, Douglas, Fayette, Fulton, Gwinnett, Henry, Muscogee, Richmond, and Rockdale. Contact: Office of Housing Planning & Administration at 404-327-6881 or by email at nonprofithousing@dca.state.ga.us SECTION 8 RENTAL ASSISTANCE Section 8 Rental Assistance is a program funded by the U.S. Department of Housing and Urban Development. The program helps low and very low income people pay rent in the private rental housing market. DCA determines if a person is eligible to participate in the program. People who participate in the program normally pay 30 percent of their monthly income as their portion of the monthly rent and utilities. DCA pays the remainder of the rent directly to the landlord. There are program requirements regarding the maximum rent allowable and the quality of the rental unit. In some special cases, rental assistance vouchers are tied to a particular apartment complex (project-based Section 8). There is typically a waiting list for this program. DCA's rental assistance offices are located in Albany, Athens, Carrollton, Eastman, and Waycross. DCA administers the program in 149 of Georgia's 159 counties. The remaining 10 counties are served by local agencies. Contact: Section 8 Rental Assistance Office at 404-679-0643 or by email at Section8@dca.state.ga.us 9 EMERGENCY SHELTER GRANT PROGRAM The Emergency Shelter Grant Program provides grant funds to nonprofit organizations and local governments from the State Housing Trust Fund for the Homeless Commission and Emergency Shelter Grants Program funds allocated to the state by the U.S. Department of Housing and Urban Development. Grant funds must be used to provide shelter and essential services to homeless persons. Eligible activities include emergency shelter and essential services for the homeless, transitional housing, homeless prevention programs, acquisition, construction, and/or renovation of facilities that serve the homeless persons, and technical assistance to organizations involved in these activities. General funding limits are set for each of the authorized activities. Applicants are typically expected to provide 60 percent of the cost of each activity. A 25 percent matching share is expected for participation in the facility development program. Most of the funds are allocated in a one time per year application process. Some funds are retained for allocations to meet urgent needs as they arise during the year. Contact: Office of the State Housing Trust Fund at 404-679-4942 or by email at HomelessPrograms@dca.state.ga.us HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS The Housing Opportunities for Persons with AIDS (HOPWA) program is designed to provide housing and supportive services to low-income persons with HIV-related needs. Local governments and nonprofit organizations in the 139 Georgia counties outside the Atlanta MSA are eligible to apply for these federal grant funds. Funds may be used for housing, information about housing and fair housing, rental assistance, homelessness prevention, general case management, housing operating subsidies, technical assistance, and supportive services such as health, mental health, nutritional assistance, day care, and personal assistance. Development activities may also be funded through this program and can include acquisition, new construction and/or rehabilitation. Funds are generally allocated during a once a year application process. Applications received after the deadline are processed on a funds available basis. Contact: Office of the State Housing Trust Fund for the Homeless at 404-679-0651 or by email at HOPWA@dca.state.ga.us 10 PERMANENT SUPPORTIVE HOUSING PROGRAM The Permanent Supportive Housing Program helps nonprofit organizations provide quality affordable rental housing with supportive services to non-elderly special needs populations. The program couples the state's federal HOME funds with monies from the State Housing Trust Fund for the Homeless to offer construction-to-permanent loans. In certain situations DCA will also provide Section 8 vouchers to increase affordability for targeted special needs populations. Applications may be received at any time during the year on a first-come, first-served basis. Funds may be used for acquisition, rehabilitation, new construction, or adaptive reuse of existing buildings for rental housing. Nonelderly special needs tenants include the homeless, persons with disabilities, persons with alcohol or other drug addictions, and persons living with HIV/AIDS. Contact: Office of Housing Planning and Administration at 404-327-6881 or by email at nonprofithousing@dca.state.ga.us SHELTER PLUS CARE PROGRAM The Shelter Plus Care (S+C) Program provides affordable housing with supportive services for homeless people with disabilities and their families. Generally, the individuals served by this program have disabilities associated with mental illness, addiction disorders, and/or AIDS. The U.S. Department of Housing and Urban Development funds the rental assistance portion of the Shelter Plus Care program. The supportive services, most frequently funded through the Georgia Department of Human Resources, are provided by the Granter. Annual applications for the Shelter Plus Care funds are submitted through the HUD Homeless Continuum of Care Planning and Application process. Contact DCA to determine the appropriate continuum of care for your proposal. Contact: Office of the State Housing Trust Fund for the Homeless at 404-679-05694 or by email at ShelterCare@dca.state.ga.us 11 NOTES: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ 12 Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329-2231 404-679-4840 800-359-4663 www.dca.state.ga.us If you are disabled and would like to receive this publication in an alternative format, please contact the Georgia Department of Community Affairs at 1.800.736.1155 (TDD) printed on recycled paper July 2002 Hawkinsville Quality Growth Resource Team Recommendations Surrounding Properties Develop an Urban Redevelopment Plan for Hospital Site and surrounding under-utilized properties Plan should provide for campus-style development compatible with historic character of area Acquire and redevelop surrounding properties as demand arises for new space (see list of possible uses) Hospital Site Encourage donation to city by current owners Adapt for use by Tech School (see illustrations 1 & 2) Utilize state assistance programs to finance redevelopment (see source & use statement) Illustration 1: Concept for Redevelopment of Hospital Site New Buildings Built as needed for tech school expansion or other uses Hospital Building Some portions demolished (see illustration 2) Remainder adapted as needed for Tech School Seek National Register designation for historic center section Illustration 2: Recommended Hospital Demolition Recommended for Demolition Historic Section Source & Use Statement Activity Land Acquisition Demolition Rehab of Hospital New Buildings Possible Source of Funds Donation or U.S. Dept. of Agriculture Essential Facilities Program $250K DCA Redevelopment Fund $500K OneGeorgia Authority Grant $500K Community Development Block Grant $200K Downtown Development Revolving Loan Fund $200K Georgia Cities Foundation Loan Possible Uses for New Buildings in Redevelopment Area This redevelopment area is the ideal location for a major attractor to reinforce the downtown area, even if this requires demolition of the historic Hospital building. The Tech School or a similar major public facility would draw significant numbers of people to the area. Suggested uses for buildings in the redevelopment area: Tech School & Expansion Needs Library City and/or County Annex General Office Space Community Center Recreation/Senior Center Government Service Center (DFACS, etc.) Storefront Commercial Space Business Incubator Moultrie Quality Growth Resource Team Recommendations Swift Site Redevelopment Use Urban Redevelopment Law to acquire site Redevelop for mixed uses (see illustration 1) Utilize state assistance programs to finance redevelopment (see source & use statement) Lite Industrial Infill Area Create special tax district to fund following activities: - Inventory all available parcels - Conduct parcel-by-parcel environmental assessments - Purchase and cleanup as appropriate - Offer each site for redevelopment West Side Neighborhoods Seek National Register designation for eligible districts (see illustration 3) Re-examine use of CHIP program for area Complete new CHIP application for owner-occupied units Continued code enforcement in area Utilize local non-profits to assist in redevelopment efforts Entry Corridors Improve landscaping (see illustration 2) GaDOT will permit heavier landscaping if persistent Illustration 1: Swift Site Redevelopment Concept Illustration 2: Concept for Enhancing Roadway Landscaping Illustration 3: Proposed National Register Districts for West Side Source & Use Statement for Swift Site Activity Max Cost Source Acquisition $250K per project DCA Redevelopment Fund Env. Assessment On Hand DCA Revolving Loan Fund Demolition/Cleanup On Hand/$250K DCA Redevelopment Fund Mixed Use Redev. Up to $5 Million CDBG Loan Guarantee Colquitt County is Tier 1, therefore is eligible for OneGeorgia funds; And under the BEST Legislation eligible for job tax credits Possible Uses for Swift Site Business Incubator Conference Center Hotel General Office Space Outdoor Covered Festival Space (stockyards area) Restaurant Interpretative Center Sales of Indigenous Products Specific Recommendations for Light Industrial Infill Area 1. Create a special tax district where property tax and revenues paid within the district can be used for a special use (e.g. purchase of property, completion of environmental assessment, and clean-up of contamination) 2. Rezone all parcels light industrial within the district 3. Create an inventory of available parcels in user-friendly program (e.g. GIS) that contains information the economic development staff, chamber and regional development center need for marketing the area such as: Size of parcel Zoning Developed or undeveloped Are structures present? If structures are present: size and condition Soil type Infrastructure available (road, sewer, gas, electricity, railroad, etc.) Available environmental assessments and/or condition 4. Create a partnership between the city and the joint development authority to purchase the unused/underutilized parcels on a parcel-by-parcel basis after completing an environmental assessment. Assessment and purchase should start with the tax delinquent properties. Prior to purchasing the property complete an environmental assessment. During this assessment ask consultant to assess potential clean-up cost if potential contamination is found. Purchase or do not purchase based upon potential contamination, risks and potential cleanup costs identified during the environmental assessment. 5. If the partnership buys the property and environmental contamination is identified, clean-up the contamination using funds generated from the special tax. 6. Offer properties for redevelopment after environmental assessment and clean-up (if appropriate) is completed. Property could either be sold or leased on a long-term basis (to keep control with the partnership). As part of the marketing efforts during redevelopment need to use the availability of existing infrastructure as a marketing tool. Part of the marketing may involve education of potential buyers to the benefits of brownfield redevelopment and the overall industrial area redevelopment plan. Redevelopment efforts should focus on: Multiplier industry (e.g. lumber mill and horse bedding company) New industry that is compatible with existing industry Value-added agriculture (as high priority for governor) Specific Recommendations for Light Industrial Infill Area (continued) Funding: The U.S. Environmental Protection Agency provides competitive grants for Assessment Demonstration Pilots and Brownfields Cleanup Revolving Loan Fund Pilots. In addition, EPA Region 4 has limited funding to conduct environmental site assessments (performed by the U.S. Corps of Engineers) under the Targeted Brownfield Assessment program. For more information on brownfield redevelopment visit http://www.epa.gov/brownfields/ (U.S. Environmental Protection Agency Brownfield Headquarters web page) and http://www.epa.gov/region4/waste/bf/index.htm (U.S. Environmental Protection Agency Region 4 brownfield web page). Additionally, the Browfields 2002 conference will be held in Charlotte, NC this year November 13-15, 2002. Registration is free. See http://www.brownfields2002.org/ for more information. Note, Georgia Tech Research Institute (GTRI) has a non-profit, non-advocate, free technical assistance program, Technical Assistance to Brownfield Communities (TAB), that helps community groups and municipalities deal with the issues encountered while redeveloping environmental contaminated property. For more information on this program visit http://www.hsrc.org/hsrc/html/tosc/sswtosc/tab.html or contact Ms. Corey Fischer at corey.fischer@gtri.gatech.edu Summary of Georgia's Urban Redevelopment Act (O.C.G.A 36-61-1) Purpose: Gives cities broad powers to redevelop blighted or threatened areas of the community. Allows communities to use eminent domain to buy and assemble property for revitalization and resale. Does not require a referendum. The required Urban Redevelopment Plan (URP) is fairly easy and inexpensive to prepare and amend. Can be implemented either by a Downtown Development Authority (DDA) or a Redevelopment Authority appointed by the city. Encourages involvement of private enterprise/public private partnerships to redevelop neglected areas of the community. Permits use of tax exempt bonds for redevelopment purposes. These may be secured by loans and grants. Lets the public know what is being planned for the redevelopment area. Guides City investments in infrastructure to support redevelopment. Allows the City to negotiate variances and wave many requirements of its existing zoning and development requirements in order to achieve the optimum economic and aesthetic results in the redevelopment area. Process: Draft the Urban Redevelopment Plan. Hold a public hearing. Adopt the plan. Appoint an organization (urban redevelopment authority or DDA, city redevelopment agency) to implement the plan. Implement the plan. What is an Urban Redevelopment Plan? A general blueprint for redevelopment and targeting of public investments in the redevelopment area. Required components of the Urban Redevelopment Plan: Statement that the URP is consistent with the city's comprehensive plan. Clearly defined boundaries of the redevelopment area (need not be contiguous). Explanation of negative conditions in the area necessitating redevelopment. The city's land use objectives for the area (types of uses, building requirements, zoning changes, and development densities). Description of land parcels to be acquired and structures to be demolished or rehabilitated. A workable plan for leveraging private resources to redevelop the area. A strategy for relocating any displaced residents. Any covenants or restrictions to be placed on properties in the redevelopment area in order to implement the plan. Public infrastructure to be provided transportation, water, sewer, sidewalks, lighting, streetscapes, public recreational space, parking, etc. to support redevelopment of the area. A workable financial strategy for implementing the plan. Vienna Quality Growth Resource Team Recommendations Corridor Restrict any new development (maintain natural state) Encourage owners of existing buildings to fix up appearance Improve roadway with landscaping (see illustration 6) Pig Jig Enhancement (see illustration 1) Paint roof of judging stage (see illustration 2) Plant more trees, create brick "Cook's Walk" & add compatible ticket kiosks Use banner throughout area (see illustration 3) Build new outdoor festival marketplace (continuing theme of competition area) Schedule regular events in outdoor marketplace Leave surrounding grassy parking areas Downtown Redesign the square (see illustration 5): More trees Traffic calming measures To pull people into town Utilize kiosk at I-75 rest area Install banner over roadway at edge of interchange area Use banners along the Corridor to town Housing Infill Build housing for moderate income individuals Re-use vacant sites in existing neighborhoods Utilize DCA housing programs where possible (see attachment A) For any new housing subdivisions along the Corridor, use landscaped buffers between the neighborhood and the roadway Interchange Area (see illustration 4) Concentrate development within mile radius of I-75 Require unique character/look for all structures Require buildings to locate near street front with parking in rear Try to oversee design of new truck plaza (may require annexation of the site) Other Recommendations When locating new public facilities, look for opportunities to re-use existing vacant buildings. Where a new building is required, try to locate as near downtown as possible. To deal with truck traffic through town: 1. count (and document) numbers per hour in each direction on the major highways through town 2. count numbers of turns by direction where these highways meet 3. identify alternate routes that trucks could use 4. work with GaDOT for official designation of these alternate truck routes See Attachment B for possible funding sources for implementing the recommendations of this report. Local development regulations will need to be modified to implement the recommendations of this report. The following model codes are provided (in Attachment C) to assist with this: 1. Corridor Map 2. Specific Plans 3. Major Permit Requirement 4. Tree Protection 5. Design Guidelines 6. Design Review 7. Development Agreement 8. Interchange Area Development Illustration 1: Development Concept for the Pig Jig Area Parking Area Pig Jig Blvd Cook's Walk Parking Area Hardee Rd. I-75 New Outdoor Festival Marketplace Painted Roof Illustration 2: Example of Roof Painting Illustration 3: Possible Banner for Pig Jig Area Illustration 4: Development Concept for Interchange Area Illustration 5: Concept for Redesign of Courthouse Square Illustration 6: Concept for Enhancing Roadway Landscaping GEORGIA'S HOUSING SOURCE THE DEPARTMENT OF COMMUNITY AFFAIRS A comprehensive guide to the Department of Community Affairs' housing programs and resources for the state of Georgia. JULY 2002 USING THIS GUIDE Affordable, quality housing builds strong communities, a strong economy, and provides the cornerstone of family life. As the state housing agency, the Department of Community Affairs works to ensure that Georgian's have the housing they need. DCA is responsible for financing affordable housing development, setting building standards, and reviewing local plans. DCA also provides financial help to tenants and homeownership education and financing for home buyers. Programs that help finance emergency shelter and services, neighborhood revitalization, and programs for citizens with special needs are also the responsibility of DCA. Because of the diversity of housing programs within the Department, this publication is intended to be a guidebook. It provides a brief overview of all DCA's housing related programs and contact information for the office responsible for that program. Because program availability, selection criteria and application procedures will change from time to time, interested individuals are strongly encouraged to visit our web site at www.dca.state.ga.us to get up-to-date, detailed information on the state's housing programs. Look For These: The housing programs listed in this guide include a description and contact information for each. Next to each program title, you will find icons representing corresponding information for each program. The description of each icon is listed below. Administration of State/Federal Requirement DCA administration of a state or federal law or regulation Funding Available Loan or grant program Technical Assistance or Other Services A program that offers assistance that does not include monetary assistance Individuals Meeting Program Requirements Persons meeting the program requirements may apply for program funding (loan or grant as applicable) Local Government Local governmental organizations such as cities, counties, or housing authorities(depending on program requirements) may apply for program funding Business Private, for-profit businesses meeting program requirements may apply for program funding (loan, grant, or tax credit as applicable) Nonprofit Organization Not-for-profit organizations meeting program requirements may apply for program funding (loan, grant, or tax credit as applicable) TABLE OF CONTENTS LAND USE AND CONSTRUCTION CODES .................... 2 - 3 Construction Codes Coordinated Planning Program Industrialized Buildings Program LOCAL GOVERNMENT PROGRAMS................................ 3 - 4 Community Development Block Grant Program Community HOME Investment Program Training and Technical Assistance HOMEOWNERSHIP .......................................................... 5 -6 Home Buyer Education Home Buyer Mortgage Program OwnHOME Down Payment Loan RENTAL HOUSING .......................................................... 6 - 9 Bond Allocation Program Home CHDO Predevelopment Loan Program HOME Rental Housing Loan Program Housing Tax Credit Program Landlord Tenant Hotline and Handbook Rural Rental Housing Development Fund Section 8 Rental Assistance SPECIAL NEEDS AND EMERGENCY SHELTERS .......... 10 - 11 Emergency Shelter Grant Program Housing Opportunities for Persons with AIDS Permanent Supportive Housing Program Shelter Plus Care Program 1 CONSTRUCTION CODES Construction codes set the basic rules for construction in Georgia in 14 minimum standard codes. A committee of outside experts reviews the model codes and recommends adoption and/or modifications to DCA's Board, which then adopts them for the State. Georgia state law specifies that 8 of the 14 codes are mandatory. The mandatory codes cover areas such as electrical, mechanical, gas, plumbing energy conservation, and fire prevention. These codes apply to all construction whether or not the codes are enforced by the city or county. The remaining 6 codes are permissive codes. They are applicable only if a local government chooses to adopt and enforce them. The permissive codes include topics such as swimming pools, excavation and grading, and existing buildings. Contact: Construction Codes and Industrialized Buildings Section at 404-679-3118 or by email at codes@dca.state.ga.us COORDINATED PLANNING PROGRAM The Georgia Planning Act of 1989 directs all city and county governments to prepare a comprehensive plan to guide their future growth. The Act also provides for the preparation of regional and state plans. The comprehensive plans must provide information on the community's population, economic development plans, natural and historic resources, community facilities, housing and land use. For each of these elements, the plan must include an inventory and assessment of needs, a statement of goals, and a description of the strategy for plan implementation. The Act calls for an update of the short term work program at least every five years and a complete update of the plan at least every ten years. Because these plans address transportation, community facilities, and land use, they have an important impact on the type and affordability of housing available within a community. Contact: The Office of Coordinated Planning at 404-679-3114 or by email at planning@dca.state.ga.us 2 INDUSTRIALIZED BUILDINGS PROGRAM Industrialized buildings are houses and commercial buildings that are mass-produced in factories and then transported to building sites to be installed on a site-built foundation. Because many components of these buildings are already enclosed in the buildings' walls when they reach the building sites, local building officials cannot inspect them. The Industrialized Buildings Program provides for the inspection of these factory-built units to ensure that they meet the state's construction standards regardless of where they are built. The manufacturers must obtain DCA approval for their manufacturing systems and quality control procedures. DCA then contracts with independent engineers and construction experts to inspect these systems and procedures, and to inspect the industrialized buildings during manufacture. Manufactured homes (sometimes called mobile homes) are not covered by this program. They are regulated by the U.S. Department of Housing and Urban Development. Contact: Construction Codes and Industrialized Buildings Section at 404-679-3118 or by email at IB@dca.state.ga.us COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The Community Development Block Grant (CDBG) program provides federal funds for housing improvement, local infrastructure such as water and sewer lines, economic development projects, and community facilities such as health centers and Head Start centers. Projects funded under this program must largely benefit low and moderate-income persons. Only cities and counties in Georgia that do not receive CDBG funds directly from the U.S. Department of Housing and Urban Development may apply for these grants from DCA. Grants are awarded through a competitive process one time each year. Local matching funds may be required, depending on the grant amount. Contact: Office of Grant Administration at 404-679-3176 or by email at CDBG@dca.state.ga.us 3 COMMUNITY HOME INVESTMENT PROGRAM The Community HOME Investment Program (CHIP) makes federal HOME funds available to local governments for housing activities designed to benefit low- and moderate-income persons. Funds may be used for the production, acquisition, or rehabilitation of housing. CHIP funds may also be used in conjunction with CDBG funds. Only cities and counties in Georgia that do not receive HOME funds directly from the U.S. Department of Housing and Urban Development may apply for these grants from DCA. Grants are awarded through a competitive process one time each year. The CHIP program is designed to encourage private investment in housing. Competitive applications should demonstrate leveraging of private funds. Contact: Office of Grant Administration at 404-679-3167 or by email at CHIP@dca.state.ga.us TRAINING AND TECHNICAL ASSISTANCE DCA provides a range of training and technical assistance opportunities related to housing. Applicants' workshops are available for many of the grant and loan programs offered by the Department. Readers interested in training on a specific grant or loan program's application process should contact the responsible office listed in this publication. A general housing course for city officials is offered at least once a year as part of the Georgia Municipal Association training schedule. The Georgia Academy for Economic Development also includes housing information as part of its curriculum. In addition, special seminars, workshops, and technical assistance can be arranged for community leaders on a limited basis. The Department's regional staff provides a local resource of information about DCA's programs and areas of expertise. Contact: Housing Finance Division at 404-327-6855 or by email at communityhousing@dca.state.ga.us 4 HOME BUYER EDUCATION Funded in part by a grant from the U.S. Department of Housing and Urban Development, DCA has contracted with local Consumer Credit Counseling Service agencies to provide individual home buyer counseling services. The counseling is intended to enable each household to make an informed decision about purchasing a home, considering their own financial and personal situation, and to keep their homes once the purchase is complete. DCA has also contracted with a number of nonprofit agencies to offer Home Buyer Education Seminars to groups around the state. With the help of the Latin American Association, DCA's homeownership booklet is available in Spanish. Contact: Office of Single Family Housing at 404-679-0624 or by email at housing@dca.state.ga.us HOME BUYER MORTGAGE PROGRAM The Home Buyer Program provides low-interest rate mortgage loans for borrowers with moderate incomes and modest assets. Except for targeted rural counties and some urban census tracts, borrowers must be first-time home buyers. The loans are 30-year fixed rate mortgages with interest rates that are typically 1 percent below the market rate. Loans are originated under FHA, VA, conventional or USDA/Rural Development guidelines. Homes purchased under the program cannot exceed maximum sales price limits. Application for these loans is made through a network of participating local lenders across the state. The required down payment will vary according to loan type, but is generally 3 percent of the sales price. A home purchased under this program must be the borrower's primary residence. Mortgage payments are generally made to State Home Mortgage, which is a part of DCA. Contact: The Office of Single Family Housing at 404-679-4847 or by email at housing@dca.state.ga.us 5 OWNHOME DOWN PAYMENT LOAN The OwnHOME Program provides 0 percent interest loans to help first-time home buyers with the required down payment, closing costs and prepaid items associated with purchasing a home. Generally OwnHOME loans are available only if the borrower also uses the Home Buyer mortgage program described above. OwnHOME loans are made as delayed repayment second mortgage loans of up to $5,000. Delayed repayment means that the loan is repaid when the home is sold, transferred or re-financed or if the home is no longer the borrower's primary residence. OwnHOME borrowers must provide a portion of their own funds for the down payment, closing costs or prepaid items. The required borrower contribution varies based on the purchase price of the home. Borrowers must complete a home buyer education seminar. OwnHOME loans are available from local lenders participating in the Home Buyer program. Contact: The Office of Single Family Housing at 404-679-4847 or by email at housing@dca.state.ga.us BOND ALLOCATION PROGRAM Federal tax law allows for tax-exempt government bonds to be issued for certain types of nongovernmental (i.e., private) activities. The advantage of this type of bond is that it provides lower interest financing for many kinds of projects. The amount of privateactivity tax-exempt bonds available each year for all categories is limited. Allocating the use of these bonds is the responsibility of each state government. In Georgia, DCA is responsible for the administration of the Georgia Allocation System. There are several general categories of allowable use including housing, student loans, and manufacturing and processing facilities. Bonds used for multifamily housing (rental developments) must set aside a portion of the units for low to moderate income families. Rental developments financed with these bonds are also eligible for state and federal housing credits without having to compete in the annual tax credit application cycle. Bonds used for homeownership must create cost-effective mortgages for first-time and moderate income home buyers. Contact: Executive Office at 404-679-4943 or by email at bonds@dca.state.ga.us 6 HOME CHDO PREDEVELOPMENT LOAN PROGRAM The HOME CHDO Predevelopment Loan Program provides interest free loans for up to 24 months to nonprofit organizations that have been designated by DCA as Community Housing Development Organizations (CHDOs). This HOME-funded program was created for CHDOs that plan to become owners of new or rehabilitated rental housing for low and very low income tenants. The loans help CHDOs prepare complete and comprehensive development financing applications to either DCA's HOME Rental Housing Loan or Permanent Supportive Housing Loan programs. Funds may be used for costs such as market studies, title search costs, environmental review and appraisals. The predevelopment loans are repaid from the proceeds of the project's construction financing. Contact: The Office of Housing Planning and Administration at 404-679-0680 or by email at nonprofithousing@dca.state.ga.us HOME RENTAL HOUSING LOAN PROGRAM The HOME Rental Housing Loan Program provides loans to help develop affordable rental housing. Funded by a portion of Georgia's federal HOME grant, the program offers very low interest construction-to-permanent loans with flexible repayment terms, usually over 20 years. This program helps lower the loan payments, making reduced rents feasible. Owners agree to keep the property in good condition and rent the HOME-funded units to low income residents for at least 20 years. Loan funds may be used for rehabilitation and new construction, or adaptive reuse of existing buildings for rental housing. The HOME loan program may be used independently or with tax credits, depending on economic feasibility and market conditions. Used in combination with tax credits, the HOME loans can push rents down, making the housing affordable to lower income tenants. A percentage of the HOME funds under this program is set aside for nonprofit organizations qualified by the DCA as Community Housing Development Organizations (CHDOs). Developments in areas that receive their own allocation of HOME funds from the federal government are not eligible for this program, unless they are sponsored by CHDOs or serve tenants with special needs. Contact: The Office of Affordable Housing at 404-679-0648 or by email at rentalhousing@dca.state.ga.us 7 HOUSING TAX CREDIT PROGRAM The Housing Tax Credit Program provides a 10-year federal and state tax incentive to attract private investment for the development of affordable rental housing. The money raised by sale of the tax credits reduces the size of the mortgage needed for the development, making reduced rents feasible. Owners agree to keep the property in good condition and rent all or some of the units to low income residents for at least 15 years. DCA encourages mixed-income developments and those that support community development objectives. The annual application process for the credits is very competitive. A percentage of the tax credits is set aside for qualified nonprofit organizations. Tax credits are also available on a non-competitive basis for multifamily residential developments financed with tax-exempt private activity bonds. Eligible activities include acquisition and/or substantial rehabilitation of existing rental housing and new construction. Contact: The Office of Affordable Housing at 404-679-0647 or by email at rentalhousing@dca.state.ga.us LANDLORD TENANT HOTLINE AND HANDBOOK Georgia Legal Services Program handles this program for DCA. It provides answers to frequently asked questions from both renters and landlords. Even experienced property owners often need to know more about their rights and responsibilities under Georgia law. Tenants often need help understanding lease provisions or how to handle unusual situations. Information can be obtained by calling the Hotline or going online to read the Handbook at the DCA website at: www.dca.state.ga.us/housing/landlord/contents.html. Contact: The Georgia Landlord-Tenant Hotline at 1-800-369-4706. 8 RURAL RENTAL HOUSING DEVELOPMENT FUND The Rural Rental Housing Development Fund provides loans to rural public housing authorities to construct and manage affordable rental units. Funds must be used for developments of 10 or fewer rental units. The program provides a combination of constructionto-permanent loans and grants. The loan portion is repaid over a period of 20 to 30 years at an interest rate of 0 to 1 percent. The program also provides an opportunity for these agencies to gain development experience and training. Participating public housing authorities are required to provide cash equity equal to the level of operating reserves required by underwriting. A Request for Qualifications for this program is issued one time each year. Selected agencies are then provided with education on the housing development process to assist in their preparation of complete development financing applications. Public housing authorities from across Georgia may participate in this program; however, the housing constructed must be located outside of the following urban counties: Bibb, Chatham, Cherokee, Clarke, Clayton, Cobb, DeKalb, Dougherty, Douglas, Fayette, Fulton, Gwinnett, Henry, Muscogee, Richmond, and Rockdale. Contact: Office of Housing Planning & Administration at 404-327-6881 or by email at nonprofithousing@dca.state.ga.us SECTION 8 RENTAL ASSISTANCE Section 8 Rental Assistance is a program funded by the U.S. Department of Housing and Urban Development. The program helps low and very low income people pay rent in the private rental housing market. DCA determines if a person is eligible to participate in the program. People who participate in the program normally pay 30 percent of their monthly income as their portion of the monthly rent and utilities. DCA pays the remainder of the rent directly to the landlord. There are program requirements regarding the maximum rent allowable and the quality of the rental unit. In some special cases, rental assistance vouchers are tied to a particular apartment complex (project-based Section 8). There is typically a waiting list for this program. DCA's rental assistance offices are located in Albany, Athens, Carrollton, Eastman, and Waycross. DCA administers the program in 149 of Georgia's 159 counties. The remaining 10 counties are served by local agencies. Contact: Section 8 Rental Assistance Office at 404-679-0643 or by email at Section8@dca.state.ga.us 9 EMERGENCY SHELTER GRANT PROGRAM The Emergency Shelter Grant Program provides grant funds to nonprofit organizations and local governments from the State Housing Trust Fund for the Homeless Commission and Emergency Shelter Grants Program funds allocated to the state by the U.S. Department of Housing and Urban Development. Grant funds must be used to provide shelter and essential services to homeless persons. Eligible activities include emergency shelter and essential services for the homeless, transitional housing, homeless prevention programs, acquisition, construction, and/or renovation of facilities that serve the homeless persons, and technical assistance to organizations involved in these activities. General funding limits are set for each of the authorized activities. Applicants are typically expected to provide 60 percent of the cost of each activity. A 25 percent matching share is expected for participation in the facility development program. Most of the funds are allocated in a one time per year application process. Some funds are retained for allocations to meet urgent needs as they arise during the year. Contact: Office of the State Housing Trust Fund at 404-679-4942 or by email at HomelessPrograms@dca.state.ga.us HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS The Housing Opportunities for Persons with AIDS (HOPWA) program is designed to provide housing and supportive services to low-income persons with HIV-related needs. Local governments and nonprofit organizations in the 139 Georgia counties outside the Atlanta MSA are eligible to apply for these federal grant funds. Funds may be used for housing, information about housing and fair housing, rental assistance, homelessness prevention, general case management, housing operating subsidies, technical assistance, and supportive services such as health, mental health, nutritional assistance, day care, and personal assistance. Development activities may also be funded through this program and can include acquisition, new construction and/or rehabilitation. Funds are generally allocated during a once a year application process. Applications received after the deadline are processed on a funds available basis. Contact: Office of the State Housing Trust Fund for the Homeless at 404-679-0651 or by email at HOPWA@dca.state.ga.us 10 PERMANENT SUPPORTIVE HOUSING PROGRAM The Permanent Supportive Housing Program helps nonprofit organizations provide quality affordable rental housing with supportive services to non-elderly special needs populations. The program couples the state's federal HOME funds with monies from the State Housing Trust Fund for the Homeless to offer construction-to-permanent loans. In certain situations DCA will also provide Section 8 vouchers to increase affordability for targeted special needs populations. Applications may be received at any time during the year on a first-come, first-served basis. Funds may be used for acquisition, rehabilitation, new construction, or adaptive reuse of existing buildings for rental housing. Nonelderly special needs tenants include the homeless, persons with disabilities, persons with alcohol or other drug addictions, and persons living with HIV/AIDS. Contact: Office of Housing Planning and Administration at 404-327-6881 or by email at nonprofithousing@dca.state.ga.us SHELTER PLUS CARE PROGRAM The Shelter Plus Care (S+C) Program provides affordable housing with supportive services for homeless people with disabilities and their families. Generally, the individuals served by this program have disabilities associated with mental illness, addiction disorders, and/or AIDS. The U.S. Department of Housing and Urban Development funds the rental assistance portion of the Shelter Plus Care program. The supportive services, most frequently funded through the Georgia Department of Human Resources, are provided by the Granter. Annual applications for the Shelter Plus Care funds are submitted through the HUD Homeless Continuum of Care Planning and Application process. Contact DCA to determine the appropriate continuum of care for your proposal. Contact: Office of the State Housing Trust Fund for the Homeless at 404-679-05694 or by email at ShelterCare@dca.state.ga.us 11 NOTES: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ 12 Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329-2231 404-679-4840 800-359-4663 www.dca.state.ga.us If you are disabled and would like to receive this publication in an alternative format, please contact the Georgia Department of Community Affairs at 1.800.736.1155 (TDD) printed on recycled paper July 2002 Possible Funding Sources Program Title & Description Capital Outlay for Public School Facilities Construction Eligible Activities: Grants for new construction, renovation, and modifications of public school facilities. Total Funding: Determined annually by the Georgia General Assembly. Maximum per Project: Determined by project application. Match Requirements: 10% - 25% local matching funds required. Community Development Block Grant -- Loan Guarantee Program (Section 108 Program) Eligible Activities: Loans for: (a) Acquisition of improved or unimproved real property, including acquisition for economic development purposes; (b) Rehabilitation of real property owned or acquired by the public entity or its designated public agency; (c) Payment of interest on obligations guaranteed under the 108 program; (d) Clearance, demolition and removal, including movement of structures to other sites, of buildings and improvements on real property acquired or rehabilitated pursuant to activities a and b of this section; (e) Site preparation, including construction, reconstruction, or installation of public and other site improvements, utilities, or facilities (other than buildings), which is related to the re-development or use of the real property acquired or rehabilitated pursuant to activities a and b of this section, or for an economic development purpose; (f ) Payment of issuance, underwriting, servicing, trust administration and other costs associated with private sector financing of debt obligations under the 108 program; (g) The acquisition, construction, reconstruction, rehabilitation or installation of commercial or industrial buildings, structures, and other real property equipment and improvements, including railroad spurs or similar extensions. Total Funding: twenty percent (20%) of its current and future CDBG allocations Maximum per Project: $5,000,000 Match Requirements: N/A Community Development Block Grant Program -- Regular Round Eligible Activities: Grants for housing improvement projects, public facilities such as water and sewer lines, buildings such as local health centers or headstart centers, and economic development projects. Total Funding: Approximately $43 million per year. Maximum per Project: Single-Activity: $500,000; Multi-Activity: $800,000 Match Requirements: Grants up to $300,000, or grants for single activity housing projects no matching funds required. Grants of $300,000 to $500,000 5% local matching funds required. Grants of more than $500,000 10% local matching funds required. Administering Agency/Contact Georgia Department of Education Facilities Services Unit 1670 Twin Towers, East Atlanta, Georgia 30334 William Jerry Rochelle, Ph.D. (404) 656-2454 Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 Brian Williamson (404) 679-1587 bwilliam@dca.state.ga.us Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 Susan McGee (404) 679-3176 smcgee@dca.state.ga.us Community HOME Investment Program (CHIP) Eligible Activities: Grants to stimulate the creation of local public/private partnerships whose goals are to expand the availability of decent, safe, sanitary, energy efficient, and affordable housing within the community. Total Funding: $3,000,000 Maximum per Project: $250,000 Match Requirements: N/A Downtown Development Revolving Loan Fund (DDRLF) Eligible Activities: Loans to non-entitlement cities and counties for small and middle-size communities in implementing quality downtown development projects. Total Funding: Approximately $2.3 million per year. Maximum per Project: $200,000 Match Requirements: N/A Other: Interest Rate: below-market rates, depending on project requirement Repayment Period: up to 20 years, depending on the assets financed and project requirements. Security: usually project collateral and backing by the applicant. Employment Incentive Program Eligible Activities: Grants for local projects intended to facilitate and enhance job creation and/or retention, principally for persons of low and moderate income. Total Funding: Approximately $5 million per year. Maximum per Project: $500,000 Match Requirements: Dollar for dollar private leverage minimum. Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 Jane Keefe (404) 679-3167 jkeefe@dca.state.ga.us Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 Steed Robinson (404) 679-1585 srobinso@dca.state.ga.us Russell Morrison (404) 679-4825 rmorriso@dca.state.ga.us Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 Andy Yarn (404) 679-1589 ayarn@dca.state.ga.us Georgia Cities Foundation Program Eligible Activities: Loans to cities requesting financial assistance in their efforts to revitalize and enhance their downtown areas. Total Funding: Not to exceed one-third of the project cost Maximum per Project: $200,000 Match Requirements: Interest Rate: below-market rates Repayment Period: generally not to exceed 15 years Project collateral and backing by the cities and Downtown Development Authority. Georgia Commission for National and Community Service/AmeriCorps State Eligible Activities: Grants to meet community service needs which match national need areas as determined annually by the Corporation for National Service. Total Funding: Approximately $4.4 million per year. Maximum per Project: Varies dependent on need. Match Requirements: 15% local matching funds required. Georgia Community Housing Development Organization (CHDO) Housing Program Eligible Activities: Loans for predevelopment activities (CHDO Predevelopment Loan Program), acquisition, new construction, and rehabilitation of rental housing developments for multi-family, special needs, and elderly tenants of 20 or more units that are targeted to lowincome housing. Total Funding: Approximately $4.7 million per year. Maximum per Project: $2,800,000 Match Requirements: N/A Mitch Griggs (404) 679-0593 mgriggs@dca.state.ga.us Georgia Cities Foundation 201 Pryor St., SW Atlanta, Georgia 30303 Linda Wilkes (888) 488-4462 lwilkes@gmanet.com Georgia Commission for National and Community Service 60 Executive Park South, NE Atlanta, Georgia 30329 James P. Marshall, Jr. (404) 327-6844 jmarshal@dca.state.ga.us Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 Doug Scott (404) 327-6881 douscott@dca.state.ga.us Georgia Heritage Grants Eligible Activities: Grants to assist eligible applicants with the rehabilitation of Georgia Register-listed historic properties and related activities. Total Funding: $307,000 for FY2001, $250,000 for Development Projects, $50,000 for Predevelopment Projects. Maximum per Project: $40,000 for Development Projects, $20,000 for Predevelopment Projects. Match Requirements: 40% local matching funds required. Grassroots Arts Program Eligible Activities: Grants to arts organizations and other groups to support Grassroots arts activities that broaden and deepen public participation in the arts. Total Funding: N/A Maximum per Project: $2,000 Match Requirements: N/A Home Buyer Program Eligible Activities: Loans at fixed, below market interest rates to qualified low to moderate-income home buyers. Total Funding: Approximately $120 million per year. Maximum per Project: Individual maximum loan amounts vary by type of unit (new or existing), location, and type of loan (FHA, VA, RECD, or Conventional). Match Requirements: N/A HOME CHDO Loan Program Eligible Activities: Loans for construction financing and/or permanent financing for the costs of constructing or rehabilitating rental housing as defined in the State of Georgia's 1999 Qualified Allocation Plan. Rental dwelling units financed through the program must be affordable by low-to-moderate-income households as defined in the State of Georgia's 1999 Qualified Allocation Plan, the OAHD Application Manual, and the HOME Investment Partner-ships Program Final Rule (24 CFR Part 92). Total Funding: $3,000,000 Maximum per Project: $2,000,000 Match Requirements: N/A HOME CHDO Predevelopment Loan Program Eligible Activities: Loans for the predevelopment costs associated with a CHDO Program-eligible project, incurred up to the closing of the CHDO Program loan (construction and permanent debt financing), as listed in the Sources and Uses Form (CHDO-025) in the Application. These costs include, but are not limited to, market study and title search costs which are incurred before applying for CHDO Program funds, and environmental review and appraisal costs which are incurred after being approved for CHDO Program funds. Total Funding: $150,000 Maximum per Project: $45,000 Match Requirements: N/A HOME CHDO Permanent Supportive Housing Program Eligible Activities: Grants to create the best possible projects recognizing the difficulty of coordinating the activities necessary for special needs populations. Total Funding: $3,000,000 Maximum per Project: N/A Match Requirements: N/A Other: Application deadline is June 30, 2003 Georgia Department of Natural Resources Historic Preservation Division 156 Trinity Avenue, SW Suite 101 Atlanta, Georgia 30303 Cherie Blizzard (404) 651-5181 Georgia Council for the Arts 260 14th Street, NW Suite 401 Atlanta, Georgia 30318 (404) 685-2787 Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 Carmen Chubb (404) 679-4846 cchubb@dca.state.ga.us Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 Andria Williams (404) 982-3483 awilliam@dca.state.ga.us Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 Andria Williams (404) 982-3483 awilliam@dca.state.ga.us Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 Doug Scott (404) 679-4844 douscott@dca.state.ga.us HOME Rental Housing Loan Program Eligible Activities: Loans for construction financing and/or permanent financing for the costs of constructing or rehabilitating rental housing as defined in the State of Georgia's 1999 Qualified Allocation Plan. Rental dwelling units financed through the program must be affordable by lowto-moderate-income households as defined in the State of Georgia's 1999 Qualified Allocation Plan, the OAHD Application Manual, and the HOME Investment Partnerships Program Final Rule (24 CFR Part 92). Total Funding: $12,000,000 Maximum per Project: $2,000,000 Match Requirements: N/A Land and Water Conservation Fund (LWCF) Eligible Activities: Grants for acquisition of real property and development of facilities for general-purpose outdoor recreation. Total Funding: Dependent upon annual congressional appropriations. Maximum per Project: $35,000. Match Requirements: 50% local matching funds required. Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 Andria Williams (404) 982-3483 awilliam@dca.state.ga.us Georgia Department of Natural Resources Parks, Recreation and Historic Sites Division Grants Administration and Planning 205 Butler Street, SE Suite 1352 Atlanta, Georgia 30303 Local Development Fund Eligible Activities: Grants to fund community improvement activities of local governments in Georgia Total Funding: Approximately $550,000 per year. Maximum per Project: $10,000 for single community projects; $20,000 for multi-community projects. Match Requirements: Dollar for dollar local-matching funds required. Low Income Housing Tax Credit Program Eligible Activities: Federal income tax incentives for the following activities: Acquisition To qualify for the acquisition Credit, the building must have been last placed in service at least 10 years prior to application -- certain exceptions apply -- and must involve rehabilitation. Rehabilitation To qualify for the rehabilitation Credit, rehabilitation expenditures chargeable to capital account must equal the greater of 10 percent of the building's adjusted basis or average at least $10,000 per low-income unit. New construction. Total Funding: Approximately 9.5 million in tax credits Maximum per Project: an annual Credit of approximately thirty percent (30%) of the present value of depreciable basis for developments involving acquisition, and an annual Credit of approximately seventy percent (70%) of the present value of depreciable basis for developments involving new construction or rehabilitation. Match Requirements: N/A Antoinette Norfleet (404) 656-3830 Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 Cynthia Easley (404) 679-4789 ceasley@dca.state.ga.us Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 Phyllis Carr (404) 327-0619 pcarr@dca.state.ga.us OneGeorgia Equity Fund Program Eligible Activities: Grants and loans to finance activities that will assist in preparation for economic development. Eligible projects include traditional economic development projects such as water and sewer projects, road, rail and airport improvements and industrial parks as well as workforce development projects, technology development or tourism development proposals, just to name a few. Applications considered for projects in Tier 1, Tier 2 or Tier 3 (with conditions) counties only. Total Funding: Approximately $10 million per year. Maximum per Project: $500,000 Match Requirements: N/A Other: Application deadlines are: January 16, 2001/Awarded March 30 May 15, 2001/Awarded July 31 September 14, 2001/Awarded November 3 Organizational Grants Eligible Activities: Grants designed to provide support to arts organizations and other groups administering arts projects. Total Funding: N/A Maximum per Project: $5,000 Match Requirements: 25% local matching funds required. OwnHOME Program Eligible Activities: Loans for first-time home buyers with a deferred payment to cover most of the down payment, closing costs and prepaid expenses associated with their home purchase. Total Funding: Approximately $3 million per year. Maximum per Project: $5,000 Match Requirements: 1.5% personal matching funds required. Public Library Capital Outlay Grant Program Eligible Activities: Grant program providing financial and consultant assistance for the construction of public library facilities. Total Funding: Dependent upon annual appropriation. Maximum per Project: $2,000,000 Match Requirements: 10 15% local matching funds required. Quality Growth Grant Program Eligible Activities: Grants for projects directly promoting growth management concepts, infill housing, brownfield redevelopment, or similar projects that discourage urban sprawl; preparation of local ordinances, regulations, or inter-governmental agreements promoting growth preparedness, sustainable development, and other quality growth strategies; public education on quality growth topics; programs to preserve community heritage, sense of place, and regional identity; alternative/multi-modal transportation facilities; preservation of critical environmental resources, wildlife habitat, prime farmland, or sensitive ecosystems; start up cost of new programs for implementing quality growth initiatives; and physical development projects that are particularly critical to local implementation of quality growth. Total Funding: $150,000 for FY2003. Maximum per Project: $25,000 Match Requirements: Dollar for dollar local-matching funds required. Other: Application deadlines each year are: November 15th May 15th OneGeorgia Authority 1202-B Hillcrest Parkway Dublin, Georgia 31021 (478) 274-7734 Georgia Council for the Arts 260 14th Street, NW Suite 401 Atlanta, Georgia 30318 (404) 685-2787 Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 Carmen Chubb (404) 679-4846 cchubb@dca.state.ga.us Georgia Department of Education Office of Public Library Services 1800 Century Place, NE Suite 150 Atlanta, Georgia 30345 Thomas A. Ploeg (404) 982-3560 Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 Jim Frederick (404) 679-3105 jfrederi@dca.state.ga.us Julie Brown (404) 679-0614 jbrown@dca.state.ga.us Recreation Assistance Fund (RAF) Eligible Activities: Grants for the purchase of real property, facility development or rehabilitation of existing facilities to increase the local supply of public recreation lands and/or facilities. Total Funding: Approximately $1 million per year. Maximum per Project: $12,500 Match Requirements: N/A Recreational Trails Program (RTP) Eligible Activities: Grants for acquisition and/or development (80% federal / 20% local) of motorized and non-motorized recreational trails including new trail construction, maintenance/rehabilitation of existing trails, trail-side and trail-head facilities. Total Funding: Approximately $1.2 million per year. Maximum per Project: $100,000 Match Requirements: 20% local matching funds required. Regional Assistance Program (RAP) Eligible Activities: Grants for Regional Economic Development Total Funding: $1,128,125 per year. Maximum per Project: $500,000 Match Requirements: Applicants for facilities and construction grants in local governments within Tier 1 counties or in joint development authorities including a Tier 1 county are not required to match the requested grant amount. Applicants for facilities and construction grants in local governments within Tier 2 counties or in joint development authorities including a Tier 2 county must match at least one-half (50%) of the requested grant amount. Applicants for facilities and construction grants in local governments within Tier 3 counties or in joint development authorities including a Tier 3 county must match an equal or greater amount of the requested grant amount. Applicants for grants for multi-county activities that do not involve construction must match at least one half (50%) of the requested grant amount. Rural Rental Housing Development Fund (RRHDF) Eligible Activities: Construction financing and permanent financing for the costs of constructing up to ten (10) units of new rental housing, including land acquisition, hard construction costs, and soft costs. Rental dwelling units financed through the RRHDF must be affordable by low and moderate-income households as defined in the Manual and this Program Description. Total Funding: $3,000,000 Maximum per Project: $600,000 Match Requirements: Required to provide cash equity equal to the level of operating reserves required by underwriting (approximately $25,000). Transportation Enhancement Program Eligible Activities: Federal grants for twelve categories of transportation enhancement activities. Total Funding: Approximately $23 million per year. Maximum per Project: $1,000,000 Match Requirements: 20% local matching funds required. Georgia Department of Natural Resources Parks, Recreation and Historic Sites Division Grants Administration and Planning 205 Butler Street, SE Suite 1352 Atlanta, Georgia 30334 Antoinette Norfleet (404) 656-3830 Georgia Department of Natural Resources Parks, Recreation and Historic Sites Division Grants Administration and Planning 205 Butler Street Suite 1352 Atlanta, Georgia 30334 Antoinette Norfleet (404) 656-3830 Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 Mitch Griggs (404) 679-0593 mgriggs@dca.state.ga.us Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 Doug Scott (404) 327-6881 douscott@dca.state.ga.us Georgia Department of Transportation Planning Division No. 2 Capitol Square Atlanta, Georgia 30334 Marta Rosen (404) 657-5226 Type II Eisenhower Professional Development Program Competitive Grants Eligible Activities: Grants for demonstration and exemplary projects for improving instruction in mathematics and science. Total Funding: Approximately $12,130,000 per year. Maximum per Project: Determined by project application. Match Requirements: 33% local matching funds required. Urban and Community Forestry Assistance Program Eligible Activities: Grants designed to encourage citizen involvement in creating and supporting long-term and sustained urban and community forestry programs throughout the state. Total Funding: Determined annually by the US Forest Service. Maximum per Project: Determined by project application. Match Requirements: 50% local matching funds required. Georgia Department of Education Division of School Support 1852 Twin Towers East Atlanta, Georgia 30334 Brendon Long (404) 657-8300 Georgia Forestry Commission Urban and Community Forestry Assistance Program 5645 Riggins Mill Road Dry Branch, Georgia 31020 Susan Reisch (912) 751-3521 1 1 3-4 TREE PROTECTION 2 3 4 5 3-4-1 6 3-4-2 7 3-4-3 8 3-4-3.1 9 3-4-3.2 10 3-4-3.3 11 3-4-3.4 12 3-4-3.5 13 3-4-4 14 3-4-5 15 3-4-5.1 16 3-4-5.2 17 3-4-5.3 18 3-4-6 19 3-4-6.1 20 3-4-6.2 21 CONTENTS PURPOSE DEFINITIONS TREE PROTECTION DURING DEVELOPMENT Applicability Tree Save Areas Canopy Cover Requirements Replacement Trees Protection of Trees during Construction STREET TREES REQUIRED PROTECTION OF PUBLIC TREES Right to Plant Permit Required Liability PRUNING Pruning Standards Tree Topping 22 3-4 TREE PROTECTION 23 24 Commentary: Trees provide many benefits for a community, including reducing air and 25 noise pollution, reducing water pollution and flooding, providing natural habitat, preventing 26 erosion, raising property values, and enhancing a community's image. This module 27 provides a tree protection ordinance that protects trees during the development process, 28 requires street trees, and protects public trees. 29 30 3-4-1 PURPOSE AND INTENT 31 32 Trees improve air and water quality, reduce soil erosion, reduce noise and glare, provide 33 habitat for desirable wildlife, moderate the climate, and enhance community image and 34 property values. Therefore, it is the intent of these regulations to encourage the 35 protection and provision of trees through sound, responsible land development 36 practices. It is also the intent of these regulations to protect public trees and promote a 37 healthy community forest. 38 39 3-4 Tree Protection April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 3-4-2 DEFINITIONS 2 3 For the purposes of this Resolution [Ordinance], the following words are defined: 4 5 Critical Root Zone - (CRZ): The minimum area beneath a tree which must be left 6 undisturbed in order to preserve a sufficient root mass to give a tree a reasonable 7 chance of survival. The CRZ will typically be represented by a concentric circle 8 centering on the tree's trunk with a radius equal in feet to one and one-half times the 9 number of inches of the trunk diameter. EXAMPLE: The CRZ radius of a 20-inch 10 diameter tree is 30 feet (see Figure 3-4-2.1). 11 12 Figure 3-4-2.1 13 Example of a Critical Root Zone. 14 15 Source: Adapted from Fulton County Tree Preservation Ordinance. 16 17 Development activity: Any alteration of the natural environment that requires the 18 approval of a land use permit. Development Activity shall also include the "thinning" or 19 removal of trees from any undeveloped land, including that carried out in conjunction 20 with a forest management program, and the removal of trees incidental to the 21 development of land or to the marketing of land for development. 3-4 Tree Protection April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 Tree: Any self-supporting, woody perennial plant usually having a single trunk diameter 2 of three inches or more that normally attains a mature height of a minimum of 15 feet. 3 4 3-4-3 TREE PROTECTION DURING DEVELOPMENT 5 6 3-4-3.1 Applicability. The terms and provisions of this section shall apply to 7 any activity that requires the issuance of a land use permit, with the exception of lots 8 less than one acre in size. No land use permit shall be issued until it is determined that 9 the proposed development is in conformance with the provisions of this Resolution 10 [Ordinance]. 11 12 3-4-3.2 Tree Save Areas. All buffers with existing trees that may be required 13 by this code or provided by a development shall be delineated on plans as tree save 14 areas, unless the applicant clearly demonstrates the need for disturbance. 15 16 3-4-3.3 Canopy Cover Requirements. Developers shall make all reasonable 17 efforts to minimize cutting or clearing of trees and other woody plants in the development 18 of a subdivision or project plan. Residential and mixed use planned developments are 19 required to retain trees on the site to provide a total of 20 percent canopy cover. 20 Commercial and industrial developments are required to protect a total of 15 percent 21 canopy cover on the site. If the site is not currently forested, or only partially forested, 22 the developer shall be required to plant trees to meet this requirement. (See Figure 3-4- 23 3.3.1). 24 25 Figure 3-4-3.3.1 26 Examples of Canopy Cover (%) 27 3-4 Tree Protection April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 Adapted from: Birds in Forested Landscapes, Cornell Lab of Ornithology 2 http://birds.cornell.edu/bfl/study_site/describe_habitat/site_char.html#can_cov 3 4 Commentary: Communities without access to aerial photographs or other convenient 5 methods of determining canopy cover may elect to formulate the protection requirement 6 as a percentage of the site (e.g., 10 percent of the site must be retained as woodland). 7 Alternatively, communities with more administrative resources may wish to develop more 8 detailed standards and require a tree survey and tree protection plan based on tree 9 densities or other more specific standards (see http://www.isa-arbor.com/tree- 10 ord/ordintro.htm for more information). 11 12 3-4-3.4 Replacement Trees. In developing a site, the first priority under this 13 Resolution [Ordinance] is to protect and preserve trees whenever possible. Where 14 replacement or new trees are necessary to meet the above requirements, the following 15 provisions apply. Replacement trees must be compatible with the site ecologically and 16 in terms of space requirements. The trees must have potential for size and quality 17 comparable to those removed. Furthermore, no one genus may comprise more than 30 18 percent of the replacement trees. 19 20 3-4-3.5 Protection of Trees during Construction. Developers shall make all 21 reasonable efforts to protect retained trees during the construction process, including, 22 but not limited to, the following measures: 23 (a) Placing protective barriers around trees, and marking such areas with 24 "tree save area" signs; 25 (b) Not grading, excavating, or locating utilities within the trees' critical root 26 zone (CRZ); 27 (c) Maintaining the CRZ as a pervious surface; and, 28 (d) Maintaining the topsoil in the CRZ and preventing siltation. 29 30 Tree protection devices shall be installed prior to the issuance of a land use permit for 31 any clearing and/or grading. Tree protection shall consist of chain link fencing, orange 32 laminated plastic fencing supported by posts, rail fencing, or other equivalent restraining 33 material. Tree protection devices shall remain in functioning condition throughout all 3-4 Tree Protection April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 phases of development and shall be subject to inspection by the Land Use Officer. (See 2 Figure 3-4-3.5.1). 3 4 Figure 3-4-3.5.1 5 Tree Protection Device Detail. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Commentary: As an alternative or as a supplement to tree protection measures, a 30 community may choose to adopt specimen or "heritage" tree protections, which protect 31 individual trees considered important because of their size, species, age, historic 32 significance, aesthetics, location, ecological importance, or other unique characteristics. 33 For information on developing specimen tree protection measures, see http://www.isa- 34 arbor.com/tree-ord/ordintro.htm 35 3-4 Tree Protection April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 3-4-4 STREET TREES REQUIRED 2 3 The requirements for street tree planting specified in this section are in addition to any 4 requirements for the protection and replacement of trees on private property specified 5 elsewhere in this Resolution [Ordinance]. Street tree planting is required along all new 6 local, collector, and arterial streets and private streets within commercial, industrial, or 7 residential subdivisions. The subdivider, owner of land to be dedicated as a public 8 street, or the developer of a private street shall at the time of preliminary plat approval 9 submit a plan for the provision of street trees along all said roads. It is the intent of this 10 section that the subdivider carefully position street trees on the plan while taking into 11 account future driveway and sidewalk locations if not constructed simultaneously with 12 the construction of the public or private street. Suitable arrangements must be made for 13 either the subdivider/developer or individual builders to install street trees according to a 14 plan approved as a part of preliminary plat approval, prior to dedication or opening of 15 said street. It is preferred that the subdivider/developer install said streets prior to the 16 dedication or opening of the public or private street; however, the Planning Commission 17 may accept an agreement where the responsibility for street tree planting is shifted to 18 the owners or individual builders of the lots to be subdivided. Any such responsibility 19 shall be legally transferred in a form acceptable to the County [City] Attorney. Trees 20 must be planted within the public right-of-way or, if right-of-way width is insufficient to 21 accommodate said street trees, then on private property abutting the public right of way 22 within a street tree easement dedicated to the County [City]. (See Figure 3-4-4.1). 23 24 Table 3-4-1 25 Guidelines to Avoid Conflicts with Infrastructure MATURE SIZE Minimum Width of Tree Lawn Spacing Between Trees Overhead Utilities Distance from Signs, Utility Poles, Driveways, Fire Hydrants Distance From Intersection Distance From Underground Utilities LARGE 5070 FT 8 Feet 60 Feet Do Not Plant MEDIUM 30-40 FT 5 Feet 40 Feet Okay SMALL 15-20 FT 3 Feet 20 Feet Okay EVERGREEN 40-50 FT Yards Only 30 Feet Do Not Plant 10 Feet 10 Feet 10 Feet 30 Feet 30 Feet 5 Feet 30 Feet 5 Feet 30 Feet 5 Feet 30 Feet 5 Feet 3-4 Tree Protection April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 2 3-4-5 PROTECTION OF PUBLIC TREES 3 4 3-4-5.1 Right To Plant. The County [City] shall have the right to plant, prune, 5 maintain and remove trees, plants and shrubs within the lines of all streets, alleys, 6 avenues, lanes, squares and public grounds, as may be necessary to insure public 7 safety or to preserve or enhance the symmetry and beauty of such public grounds. 8 9 3-4-5.2 Permit Required. No person shall plant, spray, fertilize, prune, or 10 remove, or otherwise disturb any tree on any road right-of-way or property owned by the 11 County [City] without first procuring a permit from the County [City]. 12 13 3-4-5.3 Liability. Nothing contained in this section shall be deemed to impose 14 any liability upon the County [City], its officers or employees, nor shall it relieve the 15 owner of any private property from the duty to keep any tree, shrub or plant upon any 16 street tree area on his property or under his control in such condition as to prevent it 17 from constituting a hazard or an impediment to travel or vision upon any street, park, 18 pleasure ground, boulevard, alley or public place within the city. 19 20 3-4-6 PRUNING 21 22 3-4-6.1 Pruning Standards. All tree pruning on public property shall conform 23 to the ANSI A300 standards or other best management practices for tree care 24 operations, as determined by the Land Use Officer. 25 26 3-4-6.2 Tree Topping. It shall be unlawful for any person, or firm to top or 27 severely prune any street tree, park tree, or other tree on public property. Topping is 28 defined as the severe cutting back of limbs to stubs larger than three inches in diameter 29 within the tree's crown to such a degree so as to remove the normal canopy and 30 disfigure the tree. Severe pruning seriously affects a tree's food supply, can scald the 31 newly exposed outer bark, make trees vulnerable to insect invasion, stimulate the 32 regrowth of dense, upright branches below the pruning cut, make the tree more 33 vulnerable to wind damage, disfigure the tree aesthetically, and sometimes result in the 34 death of the tree. Where appropriate, crown reduction by a qualified arborist may be 3-4 Tree Protection April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 substituted. Trees severely damaged by storms or other causes, or certain trees under 2 obstructions such as utility wires where other pruning practices are impractical may be 3 exempted from this Resolution [Ordinance] at the determination of the County [City]. 4 5 Commentary: This module is written as a part of an overall land use management system. 6 However, it can be easily adopted as a stand-alone resolution or ordinance, if the following 7 other provisions are included in the adopted ordinance: 8 9 2-0-1(A), PREAMBLE (although some of it may not be considered necessary) 10 2-0-2, EFFECTIVE DATE 11 2-0-3, LEGAL STATUS PROVISIONS 12 2-0-4, ADMINISTRATION, APPEALS, ENFORCEMENT, AND PENALTIES 13 14 In addition, many small jurisdictions choose to create a Tree Commission or Tree Board to 15 help administer the ordinance and provide policy direction for the urban forest; however, 16 for administrative simplicity, such a provision been excluded. More information about Tree 17 Commissions may be found at: http://www.isa-arbor.com/tree-ord/ordintro.htm 18 19 References: 20 21 Abbey, Buck, ASLA. Guide to Writing A City Tree Ordinance: Model Tree Ordinances 22 for Louisiana Communities. Louisiana State University. Available on-line at: 23 http://www.design.lsu.edu/greenlaws/modeltree.htm 24 25 Bernhardt, E., and T. J. Swiecki. 1991. Guidelines for Developing and Evaluating Tree 26 Ordinances. Sacramento: Urban Forestry Program, California Department of Forestry 27 and Fire Protection. http://www.isa-arbor.com/tree-ord 28 29 Bond, Jerry. Sample Brief Tree Ordinance. Adapted from Hoefer, Philip, Himelick Dr. 30 E.B., and David F. Devoto's Municipal Tree Manual, based on a sample ordinance 31 prepared by Jim Nighswonger, 1982. 32 http://www.cce.cornell.edu/monroe/cfep/factsheets/sampleordinance.htm 33 3-4 Tree Protection April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 5-1 2 3 4 5 5-1-1 6 5-1-2 7 5-1-3 8 5-1-4 9 5-1-5 10 5-1-5.1 11 5-1-5.2 12 5-1-6 13 5-1-6.1 14 5-1-6.2 15 5-1-6.3 16 5-1-6.4 17 5-1-6.5 18 5-1-6.6 19 5-1-7 20 5-1-7.1 21 5-1-7.2 22 5-1-7.3 23 5-1-7.4 24 5-1-8 25 5-1-8.1 26 5-1-8.2 27 5-1-8.3 28 5-1-8.4 29 5-1-8.5 30 5-1-8.6 31 5-1-9 32 5-1-9.1 33 5-1-9.2 34 5-1-9.3 35 5-1-9.4 36 5-1-10 37 5-1-10.1 38 5-1-10.2 39 5-1-11 40 5-1-11.1 41 5-1-11.2 42 5-1-11.3 43 5-1-12 44 5-1-12.1 45 5-1-12.2 46 5-1-12.3 47 5-1-12.4 48 5-1-12.5 49 5-1-12.6 50 5-1-12.7 51 DOWNTOWN SPECIFIC PLANS CONTENTS PURPOSE AND INTENT DEFINITIONS ADOPTION OF DOWNTOWN SPECIFIC PLAN BY REFERENCE PLAN AS REGULATION USE LIMITATIONS Permitted Uses Determination of Similar Land Uses BUILDING SETBACKS Minimum Front Setbacks Maximum Front Setbacks Minimum Rear Yard Setbacks Through Lots Side Yard Setbacks Setback Exceptions BUILDING HEIGHT Maximum Height Height Increase for Buildings Containing Residences Exceptions to Height Regulations Method of Measurement DESIGN GUIDELINES AND STANDARDS Building Size, Bulk, Scale and Mass Building Orientation Storefront Design Building Materials Building Color Pedestrian Amenities SPECIAL STANDARDS FOR RESIDENTIAL USES Residential Uses Generally Mixed-Use Development Required Limitation on Street-Level Housing Allowable Density SPECIAL STANDARDS FOR PARKING AREAS Parking, Garages and Driveways Relationship of Buildings to Streets and Parking SPECIAL STANDARDS FOR OTHER USES Light Manufacturing Accessory Uses Trash and Loading Areas SIGNS Ground Mounted Pole Signs Projecting Signs Historic Wall Signs Pedestrian Orientation Illumination Materials and Color Size Limitations 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 5-1 DOWNTOWN SPECIFIC PLANS 2 3 Description: Specific plans describe in more detail the type of development planned for 4 a particular area than found in the comprehensive plan, combining the planning 5 objectives for an area and the implementation techniques to achieve them. Specific 6 area plans typically focus on some unique feature of the geographic area that they 7 encompass, and can relate to local conditions that cannot be fully addressed by 8 conventional zoning. Although particularly suited to application for large, undeveloped 9 land areas, the specific plan may be used to guide the buildout of partially developed 10 areas with potential for infill and redevelopment. The latter application is relevant to 11 Georgia's typical small rural downtown, where the focus is to promote and maintain the 12 character of the community's small downtown. 13 14 Commentary: Specific plans have been implemented by local governments in the State 15 of California, where they are recognized for their value as an implementation tool. Under 16 California law, a specific plan must contain text and diagrams that specify the land uses 17 within the area covered by the plan, the infrastructure needed to serve the proposed 18 land uses, development standards and criteria, and capital improvements and financing 19 measures necessary to implement the plan. Under California law, a specific plan is 20 adopted either by resolution or Resolution [Ordinance] following a public hearing process 21 by the planning commission and governing body. It then typically serves to supplement, 22 and in some cases, supercede the conventional zoning regulations for the property(ies). 23 In addition to its widespread use in the State of California, the specific plan is being 24 utilized as a growth management tool by local governments in other states, such as 25 Oregon. 26 27 The California specific plan model may not be applicable in its entirety to the 28 development conditions in rural Georgia. However, this module presents a variation of 29 the specific plan approach that could be appropriate in small towns in rural Georgia. 30 This module is intended to provide small rural towns in Georgia with an alternative to 31 conventional zoning that would apply to only one part of its jurisdiction--its downtown. 32 Under the assumption that a small city's downtown may be one of the more important 33 areas in which to ensure compatible development, a specific plan for the downtown 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 could be turned into more than a plan itself. It could be a regulatory tool adopted by 2 ordinance that provides detailed guidance on future development in the area. 3 4 In many of Georgia's small and/or rural communities, the downtown core area 5 encompasses as few as four or five blocks, often laid out around a central square, park 6 or other focal point such as a county courthouse, a church, or a museum. Linear "main 7 street" configurations comprised of up to five blocks in length and one or two blocks in 8 width are also prevalent. The downtown specific plan can be used as a regulatory tool 9 to protect and enhance such areas, in the absence of (or in addition to) conventional 10 zoning. 11 12 Caution in Using This Tool: This module is written so that it can be applied generally to 13 small downtown core areas in Georgia's rural cities. However, the whole idea behind a 14 specific plan is that a "plan" is prepared; one that is based on a study of site-specific 15 conditions and considers the uniqueness of the special area. While many characteristics 16 of small downtowns in Georgia are similar, it is impossible to generalize about them in a 17 way that would be meaningful in the context of land use regulation. For these reasons, 18 communities desiring to use this tool must investigate unique conditions and prepare a 19 specific plan for the area. Such a plan informs the land use regulations needed, but it 20 also provides a more solid legal foundation on which to regulate development. After the 21 plan itself is adopted, the community can write an ordinance (based on the language in 22 this module) that "puts teeth" into the recommendations, policies, and objectives of the 23 downtown plan. 24 25 Commentary on Partial Zoning Schemes: This tool amounts to a less-than26 comprehensive zoning ordinance to regulate specifically designated areas. The purpose 27 of this tool is to establish zoning and various design regulations in a specific geographic 28 area of a city because land use controls are needed there but are not necessary or 29 politically acceptable in other portions of the jurisdiction. By zoning, it is meant that the 30 regulations contain a list of permitted (or prohibited) land uses within only a certain part 31 of the local jurisdiction. Hence, a specific plan such as that presented in this module is 32 an example of what could be called "partial zoning schemes." 33 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 Applications of Partial Zoning Schemes. There are no known examples of partial zoning 2 schemes applied in Georgia. However, there are examples in western states where 3 zoning has been adopted for an urban area or other portion of a jurisdiction that is under 4 significant development pressure, yet the remaining balance of the county is unzoned. 5 For example, Cowlitz County, Washington, has a zoning ordinance that applies to an 6 urbanized area surrounding the cities of Longview and Kelso, but the vast majority of the 7 county (which is mostly private forestland) remains unzoned. Similarly, Gallatin County, 8 Montana, has developed separate zoning ordinances for portions of the county 9 experiencing resort development, while the remainder of the county is unzoned. 10 11 Commentary on Legality of Partial Zoning Schemes. The concept of zoning part of a 12 jurisdiction while leaving the remainder unzoned may violate past precedents and legal 13 principles that "zoning must be done in accordance with a comprehensive plan." 14 However, the phrase "in accordance with a comprehensive plan," which has its origins in 15 the Standard State Zoning Enabling Act, has never been precisely defined and has 16 always been subject to debate among planners and lawyers. One might question the 17 imposition of zoning regulations on less than an entire jurisdiction. However, if sufficient 18 justification can be shown for imposing zoning regulations on part of the area of the 19 county or city rather than the whole, jurisdiction would likely be upheld, even with an 20 equal protection challenge. But, there needs to be specific conditions relating to the 21 area zoned, such as excessive growth and development, which would justify having 22 zoning in less than the entire jurisdiction. Local government can adopt a zoning 23 ordinance that establishes districts only in part of its jurisdiction, provided it satisfies 24 equal protection standards. The fact that such an ordinance may impose greater 25 burdens on only some of the population rather than the other is not the critical element. 26 There must be a rational basis between zoning only part of the jurisdiction and not 27 zoning other parts (Jenkins 2001). 28 29 5-1-1 PURPOSE AND INTENT 30 31 The purpose of this Resolution [Ordinance] is to foster and strengthen economic vitality 32 in the local jurisdiction's downtown core area while respecting and enhancing the special 33 character of the existing development in the downtown core area. The downtown core 34 area is a compact assembly of storefront buildings, short walkable blocks, mixed uses, 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 pedestrian amenities, and consolidated on- and off-street parking. The community's 2 downtown core character is especially vulnerable to intrusion from incompatible uses 3 and physical development practices. The city's downtown is so important and significant 4 to the city, that it justifies a special set of regulations designed to protect and enhance its 5 character in light of new development. The potential to impact existing development is 6 much less in other areas of the community than in the downtown core area, and hence 7 the regulations outside the downtown core area do not merit the same protection. The 8 purpose of this Resolution [Ordinance] is to establish requirements for building and site 9 design for new developments and for the significant modification of existing 10 developments within the designated downtown core area. This Resolution [Ordinance] 11 is intended to protect the existing character of the downtown and encourage orderly 12 development in accordance with the comprehensive plan for the city and with a study 13 and specific plan for the downtown core area. The following principles serve as the 14 foundation for the Downtown Specific Plan: 15 (a) Efficient use of land and services. 16 (b) A mix of land uses which strengthen opportunities for economic vitality and 17 support pedestrian activity as well as housing opportunities. 18 (c) Provide for community gathering places and pedestrian/visitor amenities. 19 (d) Establish a distinct storefront character associated with the downtown core area. 20 (e) Provide transitions to adjacent neighborhoods and commercial areas. 21 (f) Maintain and enhance the area's character through design guidelines. 22 23 The downtown specific plan, upon its adoption per this Resolution [Ordinance], is 24 enforceable and implemented as a set of land use regulations. Development proposals 25 that are consistent with an adopted specific plan are not subject to further discretionary 26 review by the local government. In this context, all land use applications for property 27 within the downtown specific plan area are required by this Resolution [Ordinance] to 28 comply with the provisions of the downtown specific plan. 29 30 5-1-2 DEFINITIONS 31 32 For purposes of this Resolution [Ordinance], the following definitions shall apply: 33 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 Alley: A secondary means of access to abutting property located at the rear or side of 2 the property. 3 Bed and breakfast: An establishment primarily engaged in providing temporary lodging 4 for the general public with access provided through a common entrance to guest rooms 5 having no cooking facilities. Meals may or may not be provided. 6 Grade, average: The elevation determined by averaging the highest and lowest 7 elevations of a parcel, building site or other defined area of land. 8 Gross floor area: The total square footage of all floors of a building, including the exterior 9 unfinished wall structure, but excluding courtyards and other outdoor areas. 10 Property line: A lot line or parcel boundary. 11 Setback: The distance that a principal building or other structure or facility must be 12 located from away from a lot line or property line. 13 Use: The purpose for which a building, structure, or land is occupied, arranged, 14 designed or intended, or for which building, structure, or land is or may be occupied or 15 maintained. 16 17 5-1-3 ADOPTION OF DOWNTOWN SPECIFIC PLAN BY REFERENCE 18 19 The city hereby finds that the Specific Plan for ________________, is consistent with 20 the city's Comprehensive Plan and is hereby adopted and made a part of this Resolution 21 [Ordinance] as if fully set forth herein. The city finds that prior to adoption of the Specific 22 Downtown Plan, the following actions have been taken to ensure procedural due 23 process: 24 (a) A detailed map has been prepared showing the boundaries for the Downtown 25 Plan Specific Area in relation to property lines. 26 27 Commentary: Some specific plans also establish boundaries for a transitional area 28 adjacent to the downtown, which can be important in maintaining the character of the 29 specific area. Communities may consider also establishing a downtown transitional 30 subarea and adopt regulations that apply to that subarea. 31 32 (b) The city's comprehensive plan was amended to include the idea of establishing a 33 downtown specific plan, and the comprehensive planning process afforded the 34 opportunity for all citizens and business owners of the city to participate in a 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 vision for the city and the downtown core area. Said comprehensive plan 2 amendment also took into account site-specific conditions and needs in the 3 subject area. 4 (c) The city prepared a specific plan for the subject area that includes studies and 5 data on existing conditions and needs with regard to preserving the existing 6 character of the area. 7 8 Commentary: As noted above, the specific plan should actually be a "plan" as well as an 9 implementing ordinance. To strengthen the status of the specific plan, it should be 10 explicitly referred to in the Comprehensive Plan, if not adopted as a part of the 11 comprehensive plan. The two paragraphs above are intended to bolster the legal status 12 of this Resolution [Ordinance]. 13 14 (d) At least 15 days prior to public hearing and action, the Mayor and City Council 15 notified the public of the date, time, place and nature of a public hearing by 16 publication in a newspaper of general circulation in the territory of the local 17 government. 18 19 Commentary: Because the adoption of regulations applicable to a specific area, as 20 defined by boundaries on a map, may be considered a zoning district, it is strongly 21 advised that ordinances implementing specific plans be adopted only after full 22 compliance with the Zoning Procedures Law (O.C.G.A. 36-66). 23 24 (e) The Land Use Officer notified all owners of parcels of land within the boundary of 25 the Downtown Specific Plan and all owners of parcels of land within 300 feet of 26 the project area boundary, of the date, time, place and nature of the public 27 hearing by mail at least 15 days before the public hearing. Notices shall be sent 28 to the names of the property owners identified by the tax records of the local 29 government. Notice shall be by first class mail, and the act of mailing said notice 30 to property owners listed identified by tax records of the city shall be deemed 31 sufficient to comply with this requirement. 32 33 Commentary: This provision is not a requirement of the state zoning procedures law. 34 However, given the site-specific nature of the regulations, it is advisable to follow a 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 practice many local governments exercise, that is, notify individual property owners of 2 the proposed regulations. Legal Counsel recommends excluding this provision, because 3 it can easily result in procedural defects if not followed exactly and, therefore, can 4 undermine a land use or zoning decision. 5 6 (f) The Mayor and City Council held the public hearing at the date, time, and place 7 advertised, and afforded all interested individuals the opportunity to be heard 8 concerning the proposed downtown specific plan and implementing regulations. 9 10 5-1-4 PLAN AS REGULATION 11 12 The downtown specific plan, as adopted by reference, contains recommended policies 13 and development guidelines that are hereby made mandatory by adopting them in this 14 Resolution [Ordinance]. The downtown specific plan, unless otherwise specifically 15 provided for in this Resolution [Ordinance], shall be considered as carrying the weight of 16 law and shall be enforced and abided by as a municipal land use regulation. 17 18 5-1-5 USE LIMITATIONS 19 20 Within the __________ downtown specific plan boundary, only those uses that help 21 create a unique, dynamic pedestrian-oriented center are allowed. Such uses generally 22 include specialty retail, services, civic uses, restaurants and dining establishments, 23 professional offices, passive open spaces, and residences. (See Figure 5-1-5.0). 24 25 5-1-5.1 Permitted Uses. The land uses listed in Table 5-1-5.1.1 are permitted 26 in the Specific Downtown Plan area, subject to the provisions of this chapter. Only land 27 uses which are specifically listed in Table 5-1-5.1.1, and those land uses which are or 28 may be approved as "similar" to those listed in said table may be permitted. The land 29 uses identified with a "(3)" are conditional and require conditional use permit approval 30 prior to development or establishment, in accordance with the provisions of Section 7-1 31 of this Code. 32 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 9 1 5-1-5.2. Determination of Similar Land Uses. Uses that are similar in nature to 2 one or more permitted uses, as determined by the Land Use Officer, shall be permitted 3 within the boundary of the downtown specific plan. 4 5 Legal Commentary: The two provisions above may withstand challenge, but the term 6 "similar" is somewhat vague and subject to challenge. 7 8 Figure 5-1-5.0 9 Residential Uses Mixed With Commercial Shops 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Source: Oregon Transportation and Growth Management Program 1999. 25 26 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 10 1 Table 5-1-5.1.1 2 Uses Permitted in the Specific Downtown Plan Area 3 RESIDENTIAL PUBLIC/ INSTITUTIONAL COMMERCIAL Detached single-family residences which existed on Religious Institutions and the effective date of this Places of Worship Entertainment facilities (theaters, clubs, movies) Resolution [Ordinance] Two-family dwellings (duplexes) which existed on the effective date of this Resolution [Ordinance] Clubs, fraternities, sororities, lodges and similar uses Medical and dental offices, clinics and associated laboratories, pharmacies, optometrists, and similar medical uses Single-family attached (Townhouses) Government offices and facilities, including courthouses Offices Personal and professional Dwellings within a commercial or other non-residential structure (e.g., residence occupying an upper floor of a retail store) Libraries, museums, concert halls, auditoriums, community center, and similar uses services (e.g., hair salons, day spas, barber shops, tailors, shoe repair, nail salon, tanning salon, shoe repair, tailor, watch and jewelry repair, package wrapping/ copying/ sending services, and similar uses) Accessory dwellings which existed on the effective date of this Resolution [Ordinance] Outdoor bandstand, amphitheater, pavilion Children's day care Public parking lots and Laundromats and dry cleaners Multi-family residential (1) garages (See 5-1-10 Special (no dry cleaning plant on Standards for Parking Areas) premises permitted) Hotels and lodges, but not Residential care homes and facilities Private utilities motels or motor hotels with parking immediately adjacent to guest rooms Restaurants, catering, prepared Family day care (Less than 6 children) Public parks, squares, greens, and recreation facilities food services for on-site consumption, retail bakeries, candy/ice cream shops (food production allowed in conjunction with retail) Bed and breakfast inns (3) Schools, public and private Banks and financial institutions Visitors centers and information services Retail trade and services(2) Art and craft galleries Commercial storage (4) Wholesale (5) Manufacturing ancillary to a storefront retail sales and services outlet (6) Vehicle sales fully enclosed in building (3) 4 5 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 11 1 Notes to Table 5-1-5.2.2: 2 3 (1) Subject to provisions limiting location and design character. Residential uses are 4 permitted on upper stories above ground floor non-residential use, on ground 5 floors behind storefront space, or integrated into a mixed-use structure where 6 design is consistent with the storefront character. 7 (2) Except autooriented uses and vehicle sales and service. 8 (3) Subject to use permit provisions as provided in Section 7.1. 9 (4) Enclosed in building and on upper stories only. Must be ancillary to storefront or 10 ground floor use. 11 (5) Restricted to buildings of 20,000 to 60,000 gross floor area. 12 (6) Uses such as candle making, blown glass, small "country" crafts, t-shirt 13 lamination, and monogramming are permitted subject to a use permit and are 14 restricted to spaces of less than 25 percent of gross floor area. May not be 15 located in a storefront location, and must be located a minimum of 50 feet from a 16 residential use. 17 18 Commentary: Many of the uses listed in the tables above are defined in Section 6.1 of 19 this code. If the local government does not adopt Section 6.1, it may wish to import 20 definitions from that section into this module. 21 22 5-1-6 BUILDING SETBACKS 23 24 Commentary: In the Downtown Specific Plan area, buildings are placed close to the 25 street to create a pedestrian-oriented environment, provide storefront character towards 26 the street, limit traffic speeds, and encourage walking. The setback requirements are 27 flexible to encourage public spaces between sidewalks and building entrances to allow 28 for pedestrian spaces, such as, but not limited to, outdoor dining areas, street furniture, 29 extra wide sidewalks, and plazas. Building setbacks are measured from the build-to line 30 to the respective property line. Setbacks for porches are measured from the edge of the 31 deck or porch to the property line. Setback requirements apply to primary structures as 32 well as accessory structures. 33 34 5-1-6.1 Minimum Front Setbacks. There shall be no minimum front setback. 35 The front building faade shall correspond to the build-to line of adjacent structures, 36 except to accommodate usable public space with pedestrian amenities. 37 38 5-1-6.2 Maximum Front Setbacks. The maximum allowable front yard 39 setback shall be 10 feet. Exceptions to this requirement may be approved for structures 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 12 1 that provide pedestrian amenities, placed between the building faade and street 2 sidewalk. 3 4 5-1-6.3 Minimum Rear Yard Setbacks. There shall be no minimum rear yard 5 setback for structures on lots with street access. For structures on lots accessed by an 6 alley, the minimum setback shall be six feet (distance from building to rear property line 7 or alley easement) in order to provide space for parallel parking. 8 9 5-1-6.4 Through Lots. For buildings on through lots, the front setbacks 10 established in 5-1-6.1 and 5-1-6.2 shall apply to both property frontages. 11 12 5-1-6.5 Side Yard Setbacks. There shall be no minimum side yard setback 13 required, except that buildings shall meet applicable fire and building codes for attached 14 structures, firewalls and related requirements, and allow for a minimum 15-foot vision 15 clearance area when located on a corner lot. 16 17 Commentary: For definitions of "through" lot and "corner" lot, see Section 2.2 18 (subdivision regulations) of this model land use management code. 19 20 5-1-6.6 Setback Exceptions. Eaves, chimneys, bay windows, overhangs, 21 cornices, awnings, canopies, porches, decks, projecting signs, and similar architectural 22 features may encroach into setbacks by no more than six feet, subject to compliance 23 with standards of locally applicable fire codes and building code. 24 25 5-1-7 BUILDING HEIGHT 26 27 All buildings in the Specific Downtown Plan area shall comply with the following building 28 height requirements, which are intended to allow for development of appropriately scaled 29 buildings with a storefront character. 30 31 5-1-7.1 Maximum Height. Buildings shall be equivalent to the height of the 32 adjacent building(s). Where the height of two adjacent buildings differ, the subject 33 structure may be equivalent to the greater height. Where applicable, the cornices (e.g., 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 13 1 building tops or first story cornices) shall be aligned to generally match the height(s) of 2 those on adjacent buildings. 3 4 5-1-7.2 Height Increase for Buildings Containing Residences. The maximum 5 building height may be increased by 15 feet where residential uses are provided above 6 the ground floor. The building height increase applies only to those portions of the 7 building that contain housing. 8 9 5-1-7.3 Exceptions to Height Regulations. Not included in maximum height: 10 chimneys; bell towers; steeples; roof equipment; flagpoles, and similar features that are 11 not intended or used for human occupancy. 12 13 5-1-7.4 Method of Measurement. Building height is measured as the vertical 14 distance from the average level of the highest and lowest grade point of the portion of 15 the lot covered by the building, measured to the highest point of the coping of a flat roof 16 or to the deck line of a mansard roof or to the average height of the highest gable of a 17 pitched or hipped roof. 18 19 5-1-8 BUILDING DESIGN STANDARDS 20 21 The Downtown Specific Plan design guidelines in this section are intended to provide 22 human scale design, while affording flexibility to use a variety of building styles. These 23 guidelines should be followed in order to ensure that the physical and operational 24 characteristics of proposed buildings and uses are compatible within the context of the 25 surrounding area. Infill uses in developed areas shall be compatible with the established 26 architectural character by using a design that is complementary. New construction 27 should reinforce existing patterns. Compatibility shall be achieved through techniques 28 such as repetition of roof lines, the use of similar proportions in building mass, similar 29 relationships to the street, similar door and window patterns, and the use of 30 complementary building materials and colors. 31 32 5-1-8.1 Building Size, Bulk, Scale, and Mass. In infill development, buildings 33 should "learn" from their neighbors. Buildings shall either be similar in size and height, 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 14 1 or if larger, be articulated and subdivided proportionally to the mass and scale of other 2 structures on the same block. 3 4 5-1-8.2 Building Orientation. If an entry is oriented to a parking lot, it 5 diminishes activity from the street and implies that auto access takes precedence. 6 Building presence should be reinforced through the observation of the following criteria: 7 (a) The minimum and maximum setback standards are met. 8 (b) Buildings have their primary entrance(s) oriented to the street. Building 9 entrances may include entrances to individual units, lobby entrances, 10 entrances oriented to pedestrian plazas, or breezeway/courtyard 11 entrances to a cluster of spaces. 12 (c) Corner building entrances should be designed in cases where the 13 building is located on a corner lot. Alternatively, a building entrance may 14 be located away from the corner when the building corner is beveled or 15 incorporates other detailing to reduce the angular appearance of the 16 building at the street corner. 17 (d) A building may have an entrance facing a side yard when a direct 18 pedestrian walkway is provided between the building entrance and the 19 street right-of-way. 20 (e) Off street parking, driveways and other vehicular access shall not be 21 placed between a building and the street. On corner lots, buildings and 22 their entrances shall be oriented to the street corner as feasible. 23 (f) At least 50 percent of the width of the lot is occupied by a building at the 24 front setback. 25 26 5-1-8.3 Storefront Design. All buildings shall contribute toward the storefront 27 character and visual relationships of buildings existing in the Downtown Specific Plan 28 area. The following architectural features should be used along the street frontage 29 building elevations, as applicable. 30 (a) Buildings should have consistent spacing of similar shaped windows with 31 trim or other decorative molding on all building stories. 32 (b) Large display windows should be employed on ground floor storefronts. 33 Display windows should be framed to visually separate the ground floor 34 from the second floor. 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 15 1 (c) All buildings with a flat roof should have a decorative cornice at the top of 2 the building; or eaves, when the building is designed with a pitched roof. 3 (d) Cornices or changes in material can be used to differentiate the ground 4 floor of buildings that have commercial uses from the upper floor(s) that 5 may have offices or residential uses. Ground floor facades should utilize 6 cornices, signs, awnings, exterior lighting, display windows and entry 7 insets. 8 9 5-1-8.4 Building Materials. Building materials shall be similar to the materials 10 used on the existing buildings in the Downtown Specific Plan area. Brick and stone 11 masonry are considered compatible with wood siding. 12 (a) In circumstances where similar materials are not proposed, such as a 13 stucco building in a row of brick structures, other characteristics such as 14 scale and proportion, form, architectural detailing, height, and color and 15 texture shall be utilized to ensure that adequate similarity exists for the 16 building to be considered compatible. 17 (b) Building materials shall not create glare. Highly reflective materials such 18 as aluminum, unpainted metal, and reflective glass shall not be permitted. 19 (c) Clear glass windows shall be used for commercial storefront display 20 windows and doors. 21 (d) Buildings shall be consistently detailed on all sides. Windows and doors 22 shall be defined with detail elements such as frames, sills, and lintels, and 23 placed to visually establish and define the building stories and establish 24 human scale and proportion. 25 (e) Exposed rough or re-sawn siding and exposed, untreated concrete shall 26 not be permitted as a finished exterior. 27 28 5-1-8.5 Building Color. Recommended color shades shall draw from the 29 range of color shades of structures that already exist in the Downtown Specific Plan 30 area. No more than one accent color should be used per building. 31 32 5-1-8.6 Pedestrian Amenities. Pedestrian amenities serve as informal 33 gathering places for socializing, resting and enjoyment of the downtown area, and 34 contribute to a walkable environment. Pedestrian amenities may be provided within the 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 16 1 public right-of-way when approved by the local jurisdiction. The following amenities 2 should be incorporated into the building design whenever feasible: 3 (a) A plaza, courtyard, or extra-wide sidewalk next to the building entrance. 4 (b) Sitting space (i.e. dining area, benches, or ledges) between the building 5 entrance and the sidewalk. Recommended dimensions are a minimum of 6 16 inches in height and 30 inches in width. 7 (c) A building canopy, awning, or similar weather protection, with a minimum 8 four foot projection over the sidewalk or other pedestrian space. 9 (d) Public art which incorporates seating (e.g., fountain, raised planter, 10 sculpture). 11 12 5-1-9 SPECIAL STANDARDS FOR RESIDENTIAL USES 13 14 5-1-9.1 Residential Uses Generally. Higher density residential uses, such as 15 multi-family buildings and attached single-family units are permitted to encourage 16 housing near employment, shopping and services. All residential uses in the Downtown 17 Specific Plan area are intended to require mixed-use development, conserve the 18 community's supply of commercial land for retail and service use, provide designs which 19 are compatible with a storefront character, avoid or minimize impacts associated with 20 traffic and parking, and ensure proper management and maintenance of common areas. 21 Pre-existing residential uses within the Specific Downtown area boundaries are exempt 22 from these conditions. 23 24 5-1-9.2 Mixed-Use Development Required. Residential uses shall be 25 permitted only when part of a mixed-use development (residential as a component of a 26 commercial, office or public/institutional use). Both "vertical" mixed-use (housing above 27 the ground floor) and "horizontal" mixed-use (housing on the ground floor) developments 28 are allowed. 29 30 5-1-9.3 Limitation on Street-Level Housing. No more than 50 percent of a 31 single street frontage at ground level may be occupied by residential uses. 32 33 5-1-9.4. Allowable Density. There shall be no maximum residential density 34 standard. 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 17 1 2 Commentary: Depending on the height of buildings in the downtown, and the percent of 3 the lot that is covered, densities permitted in downtowns according to these regulations 4 could differ substantially. A maximum density could be established at the discretion of 5 the local government. 6 7 5-1-10 SPECIAL STANDARDS FOR PARKING AREAS 8 9 5-1-10.1 Parking, Garages and Driveways. All off-street vehicle parking, 10 including surface lots and garages, shall be oriented to alleys, placed underground, or 11 located in parking areas behind or to the side of the building. 12 13 5-1-10.2 Relationship of Buildings to Streets and Parking. Every dwelling unit 14 with a front faade facing the street shall to the maximum extent possible have its 15 primary entrance face the street. Every building containing four or more dwelling units 16 shall have at least one building entry or doorway facing any adjacent street that has on- 17 street parking. 18 19 5-1-11 SPECIAL STANDARDS FOR OTHER USES 20 21 5-1-11.1 Light Manufacturing. Light manufacturing uses are limited in the 22 Downtown Specific Plan area. Light manufacturing means production or manufacturing 23 of small-scale goods, such as crafts, electronic equipment, candy products, printing and 24 binderies, custom furniture, and similar goods. All such light manufacturing uses shall 25 comply with the following: 26 (a) Light manufacturing is only allowed when done in conjunction with a 27 permitted retail or service use that is in the storefront location. 28 (b) Floor area devoted to light manufacturing is limited to 50 percent of the 29 gross floor area of any individual establishment. 30 (c) The light manufacturing operations shall be fully enclosed within a 31 building. 32 33 5-1-11.2 Accessory Uses. Outdoor displays, sales, service, and minor 34 entertainment are permitted accessory uses provided that they meet the following: 35 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 18 1 (a) Merchandise displayed or sold and services rendered are permitted uses. 2 (b) Minor entertainment is provided by groups of five or fewer performers 3 without electronic amplification; performances have a duration period of 4 no more than one hour in any one location within a 50-foot radius, and the 5 hours of minor entertainment fall between the hours of 9:00 AM to 9:00 6 PM. 7 (c) All such outdoor displays, sales, service or minor entertainment takes 8 place on private property with the written consent of the owner or agent of 9 said property, or on public property with consent from the city. 10 (e) No display, sales, service or minor entertainment blocks the required 11 pedestrian walkways. A clear area with a minimum width of four feet shall 12 be left between the street and the building entry or exit. 13 (f) All booths, stalls, carts, or other equipment for outdoor display, sales, 14 service or minor entertainment at the close of business each day shall be 15 removed or immobilized and secured so as to prevent it from becoming a 16 public safety hazard, nuisance or security risk. 17 18 5-1-11.3 Trash and Loading Areas. In order to preserve the pedestrian 19 orientation of the downtown area, all servicing, loading, and solid waste collection shall 20 take place off-street away from pedestrian walkways, generally in bays provided in the 21 alleys or in screened, internal, rear spaces if alleys are not available. 22 23 5-1-12 SIGNS 24 25 Commentary. It is likely that the existing signage in the Downtown Specific Plan area 26 may not be consistent with a comprehensive signage plan. However, there may be an 27 overall signage theme in the Downtown Specific Plan area. If such a theme exists, the 28 signage for each project should be consistent with that theme. Within the Downtown 29 Specific Plan area, signs should be small, with distinctive shapes, unique materials, 30 symbols and textures, and promote a style of signage that maximizes creativity. Refer to 31 the sign code module in this model land use management code for a definition of signs 32 and other applicable regulations. The following guidelines apply specifically to the 33 Downtown Specific Plan area. 34 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 19 1 5-1-12.1 Ground-Mounted Pole Signs. Ground mounted pole signs are not 2 permitted in the Downtown Specific Plan area. Monument signs may be permitted as a 3 conditional use, subject to the requirements of Section 7-1 of this code. 4 5 5-1-12.2 Projecting Signs. No portion of a sign shall project above a parapet or 6 eave. Tower elements that are integral to the building architecture can be considered 7 exceptions (e.g., an existing theater marquis). 8 9 5-1-12.3 Historic Wall Signs. Existing painted wall signs that are deemed by 10 the city to have historic significance, shall not be removed, defaced, painted over or 11 covered. Building owners are encouraged to restore these signs and maintain their 12 historic character. 13 14 5-1-12.4 Pedestrian orientation. All signs shall be designed for visual 15 communications to pedestrians and slow-moving vehicular traffic. Signs projecting from 16 the building wall toward the sidewalk are emphasized because they are typical of 17 communities possessing a village scale and pedestrian orientation. 18 19 5-1-12.5 Illumination. In order to maintain the historic quality of the downtown 20 area, signs shall be externally illuminated from concealed sources or approved 21 ornamental exposed fixtures. No internally illuminated signs shall be permitted or 22 replaced, with the exception of neon lighting on theater marquis. 23 24 5-1-12.6 Materials and Color. Three dimensional letter forms provide shape 25 and shadow to building and tenant signs and are preferable to flat, painted-on letters. 26 Wood or metal type or logos may be applied directly to the building faade. Colors on 27 signs should be natural metals, or painted black, white, gray, beige and other colors 28 compatible with the existing signs and building materials. Letter style shall be consistent 29 for each tenant in any multi-tenant building. 30 31 5-1-12.7 Size limitations. Tenant identification signs; including wall, window, 32 awning, and projecting signs, or any combination thereof, shall not exceed one square 33 foot of sign for each linear foot of building frontage, with a maximum of 100 square feet 34 of total signage. Building identification signs, consisting of the name of the building, the 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 20 1 address, and the date of construction, shall be limited to 20 square feet maximum. 2 Accessory signage for parking control, pedestrian flow, or other signage not described 3 above shall be limited to four square feet in area maximum. 4 5 Commentary: If this module is intended to stand alone, rather than be adopted as a part 6 of the overall land use management code, then the following additional elements of this 7 code should be incorporated into this Resolution [Ordinance]. As noted by Legal 8 Counsel, it is especially important to be clear on who will make decisions and approve 9 development plans under the provisions of this section; that might be a Design Review 10 Board (see 5-2), the Planning Commission (7-3), the Governing Body, or possibly the 11 Land Use Officer. 12 13 2-0 VARIOUS PORTIONS (as appropriate, especially administration by the Land Use 14 Officer) 15 7-1 PROCEDURES 16 7-2 BOARD OF APPEALS (Variances and Appeals) 17 18 Provisions regarding who will approve development plans (see commentary above). 5-1 Downtown Specific Plans April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 2 5-2 3 4 5 6 5-2-1 7 5-2-2 8 5-2-3 9 5-2-4 10 5-2-5 11 5-2-6 12 5-2-7 13 5-2-8 14 5-2-9 15 5-2-10 16 5-2-11 17 5-2-11.1 18 5-2-11.2 19 5-2-11.3 20 5-2-11.4 21 5-2-11.5 22 5-2-12 23 5-2-13 24 5-2-14 25 5-2-15 26 5-2-16 27 28 5-2 DESIGN REVIEW CONTENTS TITLE PURPOSE AND INTENT APPLICABILITY ESTABLISHMENT OF DESIGN REVIEW BOARD AUTHORITY OF THE DESIGN REVIEW BOARD MEETINGS OF THE BOARD DEFINITIONS DESIGN REVIEW AND APPROVAL REQUIRED EXEMPTION FOR MINOR CHANGES PRE-APPLICATION CONFERENCE APPLICATION REQUIREMENTS Elevation Drawings, Color and Material Samples Photographs Site Plan and Landscaping Plan Fee Additional Information CRITERIA FOR ACTING ON DESIGN REVIEW APPLICATIONS ACTION BY DESIGN REVIEW BOARD CHANGES AFTER BOARD APPROVAL APPEALS ENFORCEMENT DESIGN REVIEW 29 30 Commentary on Historic Preservation Versus Design Review: Local governments that desire to 31 regulate the architectural appearance of historic properties and historic districts must establish a 32 Historic Preservation Commission via ordinance rather than a Design Review Board as 33 proposed here. See Section 5-3 of this model code for a model ordinance to establish a historic 34 preservation ordinance. 35 36 Description and Applicability: Design review, which involves some subjective judgments as to 37 the aesthetics of a given development, is not likely to be acceptable in many rural communities, 38 unless the district applies to an area that has extensive community support for protection. 39 Generally, local governments that are unwilling to adopt land use regulations will be even less 40 willing to suggest or dictate architecture and aesthetic aspects of development. However, local 41 governments are becoming increasingly more concerned with the appearance of development. 42 In some instances, communities that cannot muster political support to regulate the location and 43 mixtures of land use might be able to garner community support to ensure through regulation 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 developments that are architecturally appropriate and compatible. Design review is a process 2 of reviewing the architecture, aesthetics, and site characteristics of new development within a 3 specifically designated area, or jurisdiction-wide. Its primary purposes are to achieve 4 architectural harmony and aesthetic compatibility between new and existing development. It is 5 strongly recommended that any design review ordinance be accompanied by the adoption (by 6 resolution or ordinance) of design guidelines appropriate to the types and character of buildings 7 and development being reviewed. Section 5-3 of this model code is considered to be a 8 companion code section to this Resolution [Ordinance]. Communities should view the 9 provisions in Section 5-3 of this model code as a menu of possible general guidelines that might 10 apply, depending on the specific nature of development in the jurisdiction. More specific design 11 guidelines that match the particular aspects of the community and areas being regulated are 12 also strongly recommended. 13 14 Administrative Requirements for Implementation. Design review requires a fairly elaborate 15 ordinance, and detailed design guidelines are highly recommended. Both of these requirements 16 necessitate professional expertise not often available locally (and perhaps not regionally in 17 Georgia's more rural areas). A building permit system anda site plan review are prerequisites. 18 In addition, some professional expertise is needed on the design review board and on the part 19 of the staff administering the Resolution [Ordinance]. Design review requires more extensive 20 applications for development; for instance, a typical design review application contains 21 architectural elevations and often color and material samples. It is unlikely that rural local 22 governments will have the necessary expertise on staff, and they may not have a sufficient pool 23 of citizens with the requisite professional experience to serve on a review board. The procedure 24 for processing applications for design review are written in a way that they closely track the 25 same procedure as for certificates of appropriateness in historic districts (see Section 5.3 of this 26 model code). However, the design review application procedure does not require public 27 hearings or notices to adjacent property owners, as is the case with reviews within historic 28 districts by a historic preservation commission. 29 30 5-2-1 TITLE 31 32 This Resolution [Ordinance] shall be known and may be cited as the "Architectural and Site 33 Design Review Ordinance of the City of ____________________." 34 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 5-2-2 PURPOSE AND INTENT 2 3 Careful attention to the architectural design of buildings and the layout of development sites is in 4 the best interests of the city, its citizens, and business owners. Attractive and integrated 5 architectural and site design features tend to improve an area's image, raise overall property 6 values, attract new businesses and residents, and improve the quality of life. Research and 7 experience have shown that there is a positive return on investment for providing attractive 8 design features, for both government and property owners and can provide similar 9 enhancements to public safety, community health, and well being. This Resolution [Ordinance] 10 establishes a design review board and requires review by the design review board of any new 11 construction or material change in appearance to existing structures. 12 13 5-2-3 APPLICABILITY 14 15 This Resolution [Ordinance] shall apply to all non-residential development within the city limits of 16 the City of ________________. 17 18 Commentary: Applicability refers to the type of development and the jurisdiction or area 19 regulated. Rural counties might apply this Resolution [Ordinance], but it is written to apply to cities 20 where concentrations of development exist. A community may wish to guide architectural design 21 only within a selected district, rather than applying regulations community-wide. If design review 22 is intended to apply only to a portion of the city, the Resolution [Ordinance] should make clear that 23 there are unique features of the area being regulated, not found in other parts of the community, 24 that justify and warrant design review. With regard to types of land uses, it is customary to 25 exclude from design review detached single-family residences. Only in unique circumstances 26 would it be appropriate to regulate individual detached dwellings. With regard to manufactured 27 homes, see the compatibility standards provided in 4-4 of this model code. 28 29 30 5-2-4 ESTABLISHMENT OF DESIGN REVIEW BOARD 31 32 A Design Review Board is hereby established. Said board shall consist of five voting members, 33 who are residents and registered voters of the County [City], each of whom shall serve for terms 34 of three years without compensation. The Design Review Board membership shall be composed 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 of individuals with the following qualifications in addition to any other qualifications listed in this 2 section: 3 (a) At least one member shall be an architect with a current state registration; 4 (b) At least one member shall be a landscape architect with current registration; and, 5 (c) At least one member shall be a licensed commercial building contractor. 6 7 None of the members of the Design Review Board shall be a member of the Governing Body, 8 but one member of the Planning Commission may serve on the Design Review Board. The 9 board members shall be appointed by the Chairman of the Board of Commissioners [Mayor] 10 with the approval of the Board of Commissioners [City Council]. In case any vacancy should 11 occur in the membership of the board for any cause, the Chairman of the Board of 12 Commissioners [Mayor] shall fill such vacancy by making an appointment for the unexpired term 13 with the approval of the Board of Commissioners [City Council]. Any members of the board may 14 be removed by the Chairman of the Board of Commissioners [Mayor] for due cause or upon 15 expiration of term, subject to the approval of the Board of Commissioners [City Council]. 16 17 Commentary: It may be difficult for small cities or rural counties to find persons who meet the 18 professional qualifications cited above. Another challenge in small cities and rural counties is 19 finding a sufficient number of persons to serve on a board of this type without pay. It is not 20 recommended that the number of persons serving on the Design Review Board be reduced 21 below five members, because the next alternative, (three) might allow too much domination by 22 individual members and a vote of only two members to constitute a majority. If the local 23 government desiring to establish a Design Review Board does not believe it can find people 24 with the professional qualifications established in this section, it could reduce those 25 requirements to what may be feasible. For example, altering the minimum membership 26 qualification of at least three of the five members having special qualifications or expertise in the 27 areas of architecture, landscape architecture, building construction, or land planning. In any 28 event, it is advisable that the majority of Design Review Board has relevant professional 29 credentials. Local governments might consider appointing the Land Use Officer or designated 30 officer as the design review agent in lieu of a board. However, placing discretionary authority 31 for architectural design and appearance in a single individual is risky due to possibilities that 32 such discretion will be abused. If a local government places discretion for design review 33 approval in a single administrative official such as the Land Use Officer or designated officer, 34 then the Resolution [Ordinance] should provide substantial, specific design guidelines that move 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 the design review process more into the realm of objective standards than discretionary 2 judgment. Also, when a single administrator is responsible for design review, an appeal to 3 higher authority must be provided to guard against abuse of discretion. 4 5 5-2-5 AUTHORITY OF THE DESIGN REVIEW BOARD 6 7 The Design Review Board is authorized to receive, consider, grant, grant with conditions, or 8 deny applications for design review as required by this Resolution [Ordinance]. In granting a 9 design review approval, the Board may impose such requirements and conditions with respect 10 to the location, construction, maintenance and operation of any use or building, in addition to 11 those expressly set forth herein, as may be deemed necessary for the protection of adjacent 12 properties and the public interest. Decisions of the Design Review Board shall be final unless 13 an appeal to the Mayor and City Council is filed no later than 30 days of the decision of the 14 Design Review Board. 15 16 Commentary: An appellant may file immediately after a decision under this provision and does 17 not have to wait the full 30 days. The appeal would typically be heard at the next regular 18 meeting or after due notice was given. 19 20 5-2-6 MEETINGS OF THE BOARD 21 22 The Design Review Board shall adopt rules of procedure as are necessary to carry out the 23 purposes of its authority. The Board shall establish a regular meeting date and time for its 24 meetings. However, meetings shall be held only on an as-needed basis. All meetings shall be 25 open to the public. The Board shall appoint a secretary, who shall be the Land Use Officer or 26 designated officer to record the minutes of its proceedings, showing the action of each board 27 member upon each question. The Board shall keep records of its examinations and other 28 official actions, all of which shall be filed with the County [City] Clerk and which shall be public 29 records. The Land Use Officer or designated officer shall serve as the advisor to the Board, 30 except in cases of an appeal from a decision of the Land Use Officer or designated officer. 31 32 33 34 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 5-2-7 DEFINITIONS 2 3 Commentary: This section provides a glossary of terms related to architectural design. Except for 4 the term "material change in appearance," these definitions lack a specific regulatory context 5 unless the local jurisdiction also adopts the companion code provision on design guidelines (see 6 Section 5-3 of this model code). It is recommended that the architectural design-related 7 definitions be adopted within the design review ordinance itself, rather than as a part of the design 8 guidelines module. For additional definitions, especially those related to types of land uses and 9 development features, see 6-1 of this model code. Depending on the complexity of architectural 10 review sought, some of the definitions in this section may not be needed. 11 12 Amenity: Aesthetic or other characteristics that increase a development's desirability to a 13 community or its marketability to the public. Amenities may differ from development to 14 development but may include such things as recreational facilities, pedestrian plazas, views, 15 streetscape improvements, special landscaping, or attractive site design. 16 Appearance: The outward aspect that is visible to the public. 17 Appropriate: Fitting to the context of a site, neighborhood or community. 18 Architectural concept: The basic aesthetic idea of a structure, or group of structures, including 19 the site, signs, buildings and landscape development that produces the architectural character. 20 Architectural features: Functional, ornamental or decorative features integral or attached to the 21 exterior of a structure, including roof elements, cornices, eaves, gutters, belt courses, sills, 22 lintels, windows, doors, transoms, fan lights, side lights, chimneys, and elements of exterior 23 embellishment. 24 Architectural recesses: Portions of a building wall at street level which are set back from the 25 street line so as to create articulation of the building wall and/or to provide space for windows or 26 doors. 27 Architecture: The art and science of designing and constructing buildings adapted to their 28 purposes, one of which is beauty. 29 Attractive: Having qualities that arouse satisfaction and pleasure in numerous, but not 30 necessarily all, observers. 31 Awning: A hood or cover that forms a roof-like structure, often of fabric, metal, or glass, 32 designed and intended for the protection from the weather or as a decorative embellishment, 33 and which projects from the wall or roof of a structure over a window, walk, door, or the like. 34 Awnings may be retractable but are most often fixed with a rigid frame. 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 Awning, internally illuminated: A fixed awning covered with a translucent membrane that is, in 2 whole or part, illuminated by light passing through the membrane from within the structure. 3 Balustrade: A railing consisting of a handrail or balusters. 4 Build-to line: An alignment established a certain distance from the curb or right-of-way line to a 5 line along which a building or buildings shall be built. 6 Building bulk. The visual and physical mass of a building. 7 Built environment: The elements of the environment that are generally built or made by people 8 as contrasted with natural processes. 9 Canopy: A roof-like structure, supported by a building and/or columns, poles, or braces 10 extending from the ground, including an awning, that projects from the wall of a building over a 11 sidewalk, driveway, entry, window, or similar area, or which may be freestanding. 12 Character: The nature of a building or site. 13 Cohesiveness: Unity of composition among elements of a structure or among structures, and 14 their landscape development. 15 Common area: Land within a development, not individually owned or dedicated to the public, 16 and designed for the common usage of the development. These areas include green open 17 spaces and yards and may include pedestrian walkways and complimentary structures and 18 improvements for the enjoyment of residents of the development. Maintenance of such areas is 19 the responsibility of a private association, not the public. 20 Compatibility: With regard to development, the characteristics of different land uses or activities 21 that permit them to be located near each other in harmony and without conflict; with regard to 22 buildings, harmony in appearance of architectural features in the same vicinity. 23 Continuity: The flow of elements or ideas in a non-interrupted manner. 24 Cornice: A horizontal element member, structural or nonstructural (i.e., molding), at the top of 25 the exterior wall or projecting outward from an exterior wall at the roofline, including eaves and 26 other roof overhang. 27 Design guideline: A standard of appropriate activity that will establish, preserve, or enhance the 28 architectural character and site design and function of a building, structure, or development. 29 Detail: A small feature or element that gives character to a building. 30 Dormer: A window projecting from a roof. 31 Eave: The projecting lower edges of a roof overhanging the wall of a building. 32 Eave line: The extension of a roofline beyond the vertical wall of a building. 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 External design feature: The general arrangement of any portion of structures or landscaping, 2 including the type, and texture of the materials, the type of roof, windows, doors, lights, signs, 3 and fixtures of portions which are open to the public view. 4 Faade: Typically the front of a building; however, any building square on view is considered a 5 faade (see definitions below). 6 Faade, front: Any faade with a main public entrance that faces one of the primary streets. 7 Faade, rear: Any faade without a public entry that does not face a public road. 8 Faade, side: Any faade without a public entry but facing a public street. 9 Fenestration: The organization of windows on a building wall. 10 Footprint: The total square footage on the ground of all buildings and structures on a site, 11 measured from the outside of all of the exterior walls and supporting columns. It may include 12 attached or detached garages, covered carports, roofed or unroofed porches and decks, and 13 accessory structures, if such are defined within the design ordinance as contributing to footprint 14 calculations. 15 Gable: The triangular upper portion of an end wall, underneath a peaked roof. 16 Grade, natural: The existing grade or elevation of the ground surface that exists or existed prior 17 to man-made alterations, such as grading, grubbing, filling, or excavating. 18 Habitat: The physical location or type of environment, in which an organism or biological 19 population lives or occurs. 20 Harmony: A quality that represents an attractive arrangement and agreement of parts of a 21 composition, as in architectural elements. 22 Hedge: A row of closely planted shrubs, bushes, or any kind of plant forming a boundary. 23 Landscaping: The area within the boundaries of a given lot that consists of planting materials, 24 including but not limited to, trees, shrubs, ground covers, grass, flowers, decorative rock, bark, 25 mulch, and other similar materials. 26 Massing the overall visual impact of a structure's volume; a combination of height and width, 27 and the relationship of the heights and widths of the building's components. (See Figure 5-228 7.1). 29 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 9 1 Figure 5-2-7.1 2 Selected Architectural Details. 3 4 Source: Oregon Transportation and Growth management Program 1999. 5 6 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 10 1 Material change in appearance: A change that will affect either the exterior architectural or 2 environmental features of a building, structure, land use activity, or development site. A material 3 change in appearance shall at minimum include the following: the construction of a new building 4 or structure; the reconstruction or alteration of the size, shape, or faade of an existing building 5 or structure, including any of its architectural elements or details; commencement of excavation 6 for construction purposes; and installation of freestanding walls, fences, steps, and pavements, 7 or other appurtenant features. 8 Modularity: Design composition comprised of a rhythmic organization of parts. 9 Modulation: A measured setback or offset. 10 Natural drainage: Channels formed in the existing surface topography of the earth prior to 11 changes made by unnatural causes. 12 Natural features: Components and processes present or produced by nature, including soil 13 types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, climate, 14 floodplains, aquatic life, and wildlife. 15 Parapet: A low retaining wall at the edge of or along a roof. 16 Pedestrian-oriented development: Development designed with an emphasis primarily on the 17 street sidewalk and on pedestrian access to the site and building, rather than auto access and 18 parking areas. The building is generally placed close to the street and the main entrance is 19 oriented to the street sidewalk. There are generally windows or display cases along building 20 facades that face the street. 21 Portico: An exterior appendage to a building, normally at the entry, usually roofed. 22 Proportion: Balanced relationship of parts of a building, signs and other structures, and 23 landscape to each other and to the whole. 24 Ridge: The peak of a roof. Also, the horizontal member at the peak into which the rafters join. 25 Roof: The cover of a building, including the eaves and similar projections. 26 Roof, flat: A roof having no pitch or a pitch of not more than 2:12. 27 Roof, pitched: A shed, gabled, or hipped roof having a slope or pitch of at least two foot rise for 28 each 12 feet of horizontal distance. 29 Scale: Proportional relationships of the size of parts to one another and to humans. 30 Scenic vista: A visual panorama with particular scenic value. 31 Street furniture: Those features associated with a street that are intended to enhance the 32 street's physical character and use by pedestrians, such as benches, trash receptacles, planting 33 containers, pedestrian lighting, kiosks, etc. 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 11 1 Street hardware: Objects other than buildings or street furniture that are part of the streetscape. 2 Examples are: non-pedestrian street light fixtures, utility poles, traffic lights and their fixtures, fire 3 hydrants, etc. 4 Streetscape: The appearance and organization along a street of buildings, paving, plantings, 5 street hardware, street furniture, and miscellaneous structures. 6 View corridor: The line of signed identified as to height, width, and distance of an observer 7 looking toward an object. 8 Viewshed: The area within view from a defined observation point. 9 10 5-2-8 DESIGN REVIEW AND APPROVAL REQUIRED 11 12 No building or structure shall be erected (nor shall any material change in the exterior 13 appearance of any existing building, structure, or activity be allowed), until and unless a design 14 review application has been made to the Land Use Officer or designated officer and approved 15 by the design review board in accordance with the provisions of this Resolution [Ordinance]. 16 Prior to any material change in appearance, the Land Use Officer or designated officer must 17 issue a certificate of design review approval, after approval by the design review board. No 18 building permit or land use permit requiring review and approval by the design review board 19 shall be issued by the Land Use Officer or designated officer, unless the permit has received 20 design review approval from the design review board and a certificate of design review approval 21 has been issued by the Land Use Officer or designated officer or designated officer. 22 23 5-2-9 EXEMPTION FOR MINOR CHANGES 24 25 Where the requested change, a minor alteration, the Land Use Officer or designated officer may 26 waive any of the information requirements of this Resolution [Ordinance] for design review 27 application. The Land Use Officer or designated officer may consult with the chairman of the 28 design review board in making exemptions pursuant to this section. 29 30 5-2-10 PRE-APPLICATION CONFERENCE 31 32 All applicants for design review and approval are strongly encouraged but not required to 33 schedule a pre-application conference with the Land Use Officer or his or her designee. A pre- 34 application conference is a time where applicants can familiarize themselves with the 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 12 1 application requirements and processes and gain preliminary input from staff as to the suitability 2 of the proposed material change in appearance. Typically, the board is not represented at pre- 3 application conference, although this does not preclude one or more members of the board from 4 attending and participating in a pre-application conference. 5 6 5-2-11 APPLICATION REQUIREMENTS 7 8 All applications for design review approval shall be made as required by the Land Use Officer or 9 designated officer and shall at minimum contain the following information: 10 11 5-2-11.1 Elevation Drawings, Color and Material Samples. Every application or review 12 involving the construction of a new building or structure, alterations, and/or additions to existing 13 structures shall be accompanied by exterior elevation drawings, drawn to scale and signed by 14 an architect, engineer or other appropriate professional. These shall be submitted in sufficient 15 number of copies as required by the Land Use Officer or designated officer. Said exterior 16 elevation drawings shall clearly show in sufficient detail the exterior appearance and 17 architectural design of proposed change(s) to buildings or structures and new construction, as 18 applicable. Each application shall also indicate proposed materials, textures and colors, and 19 provide samples of materials and colors. 20 21 5-2-11.2 Photographs. All applications shall be accompanied by photographs of all 22 sides of the existing building(s) or structure(s) affected, and of adjoining properties. 23 Photographs shall be submitted in printed copy and in digital form unless otherwise specified by 24 the Land Use Officer or designated officer. 25 26 5-2-11.3 Site Plan and Landscaping Plan. For every application, a plot plan or site 27 plan, drawn to scale, shall be submitted which shows all improvements affecting appearances, 28 such as walls, walks, terraces, plantings, tree protection areas, accessory buildings, signs, 29 lights, and other elements. 30 31 5-2-11.4 Fee. A fee, as may be established by the Board of Commissioners [Mayor 32 and City Council], shall be submitted for said application. 33 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 13 1 5-2-11.5 Additional Information. The Land Use Officer may reasonably require any 2 additional information as or designated officer shall be submitted with the application. 3 4 5-2-12 CRITERIA FOR ACTING ON DESIGN REVIEW APPLICATIONS 5 6 In passing on applications for design review and approval, the design review board shall 7 consider the appropriateness of any proposed material change in appearance in the context of 8 the following criteria: 9 (a) Consistency with any adopted design guidelines for the type of development, and/or the 10 proposed use. 11 (b) The nature and character of the surrounding areas, and the consistency and 12 compatibility of the proposed application with such nature and character. 13 (c) The general design, character and appropriateness of design, scale of buildings, 14 arrangement, texture, materials, and colors of the structure in question and the relation 15 of such elements to similar features of structures in the immediate surrounding area, 16 site, and landscaping. 17 (d) The board shall not consider interior arrangement or use as having any effect on exterior 18 architectural features. 19 (e) The following are other grounds for considering a design inappropriate. 20 (1) Character foreign to the area. 21 (2) Arresting and spectacular effects. 22 (3) Violent contrasts of material or color, or intense or lurid colors. 23 (4) A multiplicity or incongruity of details resulting in a restless and disturbing 24 appearance. 25 (5) The absence of unity and coherence in composition not in consonance with the 26 density and character of the present structure or surrounding area. 27 28 5-2-13 ACTION BY DESIGN REVIEW BOARD 29 30 A decision by the board on a design review application shall be made within 45 days from the 31 date a complete application is received. The design review board shall approve the application 32 and direct the Land Use Officer or designated officer to issue a certificate of design approval if it 33 finds that the proposed material change in appearance would not have a substantial adverse 34 effect on the aesthetic or architectural significance and value of adjacent and nearby properties, 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 14 1 and if the board finds the application is consistent with the criteria for judging applications for 2 design review and approval as established in this Resolution [Ordinance]. The board may deny 3 an application for a design review and approval when in the opinion of the board such proposed 4 change would be detrimental to the character of the area. In the event the board rejects an 5 application, it shall state its reason(s) for doing so and shall transmit a record of such action and 6 the reason(s) for rejection, in writing, to the applicant. The board may suggest alternative 7 courses of action it thinks proper and conditionally approve the application if the applicant 8 agrees to the conditions, or the Board may not approve the application as submitted. The 9 applicant, if he or she so desires, may make modifications to the plan(s) and may resubmit the 10 application. The denial of an application for a design review and approval shall be binding on 11 the Land Use Officer or designated officer and, in such a case of denial, no building permit shall 12 be issued. 13 14 5-2-14 CHANGES AFTER BOARD APPROVAL 15 16 After the issuance of a certificate of design review and approval, no material change in the 17 appearance shall be made or permitted to be made by the owner or occupant thereof, unless 18 and until all requirements of this Resolution [Ordinance] are met. 19 20 5-3-15 APPEALS 21 22 Any person adversely affected by any determination made by the design review board relative 23 to the issuance or denial of a certificate of design review and approval may appeal such 24 determination to the Mayor and City Council. For purposes of this section, an adversely 25 affected person is one who demonstrates that his or her property will suffer special damage as a 26 result of the decision complained of, rather than merely some damage that is common to all 27 property owners and citizens similarly situated. The appeal must be filed within 30 days of the 28 decision of the board and must be made by petition delivered to the Land Use Officer or 29 designated officer. The appeal shall be on the application exactly as presented to the board. 30 The Mayor and City Council may approve, modify and approve, or reject the determination 31 made by the board if it finds that the board abused its discretion in reaching its decision. 32 Appeals from decisions of the Mayor and City Council made pursuant to this section may be 33 taken to superior court of __________ County in the manner provided by law. 34 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 15 1 5-2-16 ENFORCEMENT 2 3 After a certificate of design review and approval has been issued, the Land Use Officer or 4 designated officer shall from time to time inspect the construction approved by such 5 authorization. The city, through the Land Use Officer, designated officer, or City Attorney, shall 6 be authorized to institute any appropriate action or proceeding in a court of competent 7 jurisdiction to prevent any material change in the appearance, except those changes made in 8 compliance with the provisions of this Resolution [Ordinance], or to prevent any illegal act or 9 conduct with respect to this Resolution [Ordinance]. 10 11 References: 12 13 Jerry Weitz & Associates, Inc. 2001. Development and Design Guidelines for the Georgia 400 14 Corridor, Dawson County, Georgia. Dawsonville: Dawson County Department of Planning. 15 16 OTAK, Inc. 1999. Model Development Code and User's Guide for Small Cities. Salem: 17 Oregon Transportation and Growth Management Program. 18 5-2 Design Review April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 2 3 5-3 4 5 6 7 5-3-1 8 5-3-2 9 5-3-3 10 5-3-4 11 5-3-5 12 5-3-6 13 5-3-7 14 5-3-8 15 5-3-9 16 5-3-10 17 5-3-11 18 5-3-12 19 5-3-13 20 21 5-3 DESIGN GUIDELINES CONTENTS PURPOSE AND INTENT SITE PLANNING PROTECTING THE NATURAL ENVIRONMENT SITE GRADING DRAINAGE RETAINING RURAL RESIDENTIAL CHARACTER ARCHITECTURAL DESIGN BUILDING MATERIALS, FINISHES, AND COLORS AUTOMOBILE-RELATED ESTABLISHMENTS INDUSTRIAL DISTRICTS ACCESS EXTERIOR LIGHTING PARKING LOT LANDSCAPING DESIGN GUIDELINES 22 23 Comment on Applicability: If a local government establishes a design review board, design 24 guidelines, specific to the local jurisdiction, should be prepared, adopted, and applied by the 25 board. In the absence of guidelines specific to a particular jurisdiction, the following design 26 guidelines might be appropriate for use by local governments. Note that the guidelines pertain 27 to a variety of topics, including lighting, industrial districts, drainage, and architectural design. 28 Local governments should determine which types of guidelines are applicable in their 29 jurisdiction and choose only those that apply in the community. 30 31 Comment on Regulations Versus Guidelines. This module is intended to provide guidelines 32 rather than regulations. As such, compliance is voluntary rather than mandatory. They should 33 be applied in individual instances but should be considered variable in the judgment of the 34 board or officer making the decision on the design application. 35 36 5-3-1 PURPOSE AND INTENT 37 38 Left to its own workings, the real estate development industry is unlikely to produce 39 development that is coordinated with adjacent buildings and uses. These design guidelines 40 provide a set of criteria to evaluate the appropriateness of proposed changes to individual 41 buildings, properties, and land use activities in a designated area or community. The ultimate 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 goal of design guidelines is to direct physical and visual changes to create an architecturally and 2 physically cohesive area of specified character. Design guidelines are meant to create a strong 3 identity for the area as a distinctive place to shop, visit, work, and live. Design guidelines are a 4 means of bringing together the interests of individual property owners and the general public to 5 achieve mutual benefits. 6 7 Without guidance, future developments will likely be self-contained, compartmentalized, and 8 without coherence and relationship with other developments. Without guidance, developers 9 are unlikely to interrelate streets, buildings, human uses, and natural systems in a manner that 10 results in a coordinated, pleasing, and sustainable-built environment across property lines. 11 12 These guidelines are intended to help site planners and urban designers look beyond their 13 individual buildings and single parcels of land, to shape the physical features of their 14 development in a manner consistent with preferred principles of community design. The 15 guidelines seek to help unify what would otherwise become a disparate and irreconcilable 16 collection of land uses and architectural traditions. 17 18 5-3-2 SITE PLANNING 19 20 The site plan, building design, and landscaping of new development should achieve high quality 21 and appearance that will enhance and be compatible with the character of the surrounding area. 22 23 Site planning and design of projects proposed (adjacent to dissimilar land uses) should carefully 24 address the potential undesirable impacts on existing uses. These impacts may include traffic, 25 parking, circulation and safety issues, light and glare, noise, odors, dust control and security 26 concerns. 27 28 Commentary: This model code provides regulations that address some of these off-site 29 impacts. For more specific and stronger provisions regarding off-site impacts, see Section 3.1 30 of this model code. 31 32 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 5-3-3 PROTECTING THE NATURAL ENVIRONMENT 2 3 (a) Evaluate the proposed development's compatibility with the existing environment to 4 determine the limitations and capabilities of the site for development. 5 (b) Conserve and protect natural resources, including air quality, trees, natural vegetation, 6 existing topography, streams, creeks, wetlands, watersheds, water quality, and wildlife 7 habitat. Development should be limited to a level that does not exceed the capabilities 8 and requirements of a healthy environment. 9 (c) Significant site features such as habitats, natural ground forms, existing site vegetation, 10 large rock outcroppings, water, and significant view corridors should be identified and 11 incorporated into development plans. Where possible, a diversity of habitats is 12 preferred. 13 (d) Riparian zones, stream corridors, and wetlands should be protected for their wildlife 14 habitat and other values. Development plans for these areas should treat these 15 components as assets. A continuous, connected, natural vegetative corridor should be 16 preserved along all creek and stream corridors to provide stream quality protection and 17 for the efficient movement of wildlife throughout the area. No fill, removal, or 18 modification of a riparian area should take place, unless there is no reasonable and 19 feasible alternative. The alteration or improvement of significant natural resource areas 20 where permitted, should ensure that potential losses are mitigated and best 21 management practices are employed to minimize permanent damage. (See Figure 5-3- 22 3.1). 23 Figure 5-3-3.1 24 Retention of Vegetated Stream Corridor 25 26 5-3 Design Guidelines April 2002 Source: Dramstad, Olson and Forman 1996. Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 (e) Existing vegetation should be retained to the maximum extent possible. Clearing of 2 native vegetation should be limited to that required for the provision of essential 3 purposes (i.e., access, building, sewage disposal, etc.). Where appropriate, existing 4 native vegetation should be enhanced with plantings of the same variety. 5 (f) Preserve patches of high-quality habitat, as large and circular as possible, feathered at 6 the edges, and connected by wildlife corridors. (See Figure 5-3-3.2). 7 8 Figure 5-3-3.2 9 Habitat Patch Preservation and Connection 10 11 Source: Dramstad, Olson and Forman 1996. 12 13 When continuous greenspace corridors cannot be provided or must be broken up for road 14 access or other valid reasons, patches should be retained as "stepping stones" for wildlife 15 corridors. (See Figure 5-3-3.3). 16 17 Figure 5-3-3.3 18 Stepping Stones 19 20 Source: Dramstad, Olson and Forman 1996. 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 5-3-4 SITE GRADING 2 3 (a) Developments should be designed to fit the existing contours and landform of the site 4 and to minimize the amount of earthwork. Excavation and earthwork should be kept to a 5 minimum to reduce visual impacts and erosion. Where cut and fill is required, balancing 6 the cut and fill is highly encouraged. 7 (b) Abrupt or unnatural-appearing grading is strongly discouraged. Avoid the creation of 8 harsh, easily eroded banks and cuts. 9 (c) The height and length of retaining walls should be minimized and screened with 10 appropriate landscaping. Tall, smooth-faced concrete retaining walls should be avoided 11 in highly visible areas. Terracing should be considered as an alternative to the use of tall 12 or prominent retaining walls, particularly in highly visible areas on hillsides. 13 (d) Disturbed areas that are not used for roads, buildings, or other auxiliary uses should be 14 replanted. 15 16 5-3-5 DRAINAGE 17 18 (a) Natural on-site drainage patterns should be used where practicable. Detain runoff with 19 open, natural drainage systems where possible. 20 (b) Design man-made lakes and stormwater ponds for maximum habitat value and/or to 21 serve as amenity features. (See Figure 5-3-5.1). 22 23 Figure 5-3-5.1 24 Drainage Feature as an Amenity 25 26 27 28 29 30 31 32 33 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 5-3-6 RETAINING RURAL RESIDENTIAL CHARACTER 2 3 (a) Where possible, barns and other agricultural outbuildings in reasonably good condition 4 and which contribute to the rural character of the area should be retained on the site 5 (see Figure 5-3-6.1). 6 7 Figure 5-3-6.1 8 Retention of Agricultural Structures 9 10 11 12 (b) 13 14 15 16 17 18 19 Source: Stokes et al. 1989. Dwellings and driveways should not be prominent visual features within the landscape along any existing rural road. Dwellings and associated outbuildings along existing rural roads should have a low visual impact. When a rural residential dwelling is proposed in an area with an open field or area with agricultural character, it should be sited at the edge of the field if possible to preserve the view of the open field, pasture, or agricultural scene (see Figure 5-3-6.2). 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 Figure 5-3-6.2 2 Site Dwellings at Edges of Fields 3 4 Source: Craighead 1991. 5 6 (c) In siting rural residential dwellings, gouging out (i.e., clearcutting) building sites along the 7 road (Figure 5-3-6.3) is strongly discouraged. Instead, rural dwelling sites should leave 8 a natural buffer along the road and houses should be sited at the edge of clearings 9 rather than in the center (Figure 5-3-6.4). 10 11 12 Figure 5-3-6.3 Figure 5-3-6.4 13 Clearcutting Discouraged Dwellings Buffered 14 15 16 17 18 19 20 21 22 23 Source: Craighead 1991. 24 25 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 d) Dwellings sited within an open field are discouraged (see area A in Figure 5-3-6.5). The 2 location of dwellings in Area B of the illustration improves on the locations shown in area 3 A, but the residences are still visible from the road. In the bottom part of area C (Figure 4 5-3-6.5), dwellings are clustered and screened from view. In the top part of area C, the 5 road should be located at the edge of the clearing rather than in the middle of the field, 6 and the dwellings should be located closer to the tree line. 7 8 Figure 5-3-6.5 9 Siting Dwellings in Rural Areas 10 11 12 13 14 15 16 17 18 19 20 21 22 Source: Arendt 1994. 23 24 5-3-7 ARCHITECTURAL DESIGN 25 26 (a) Architectural design should be compatible with the developing character of the 27 neighboring area. Design compatibility includes complementary building style, form, 28 size, color, materials, and detailing. 29 (b) The designer should consider each of the following contexts as part of the design 30 process: 31 (1) Size (the relationship of the project to its site); 32 (2) Scale (the relationship of the building to those around it); 33 (3) Massing (the relationship of the building's various parts to each other); 34 (4) Fenestration (the placement of windows and doors); 35 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 9 1 (5) Rhythm (the relationship of fenestration, recesses and projections); 2 (6) Setback (in relation to setback of immediate surroundings); 3 (7) Materials (their compatibility with the historic district); and, 4 (8) Context (the overall relationship of the project to its surroundings). 5 6 Commentary: For definitions, see Section 5-2 of this model code. 7 8 (c) Efforts to coordinate the height of buildings and adjacent structures are encouraged; this 9 is especially applicable where buildings are located very close to each other. It is often 10 possible to adjust the height of a wall, cornice, or parapet line to match that of an 11 adjacent building. Similar design linkages, such as window lines, should be placed in a 12 pattern that reflects the same elements on neighboring buildings. 13 (d) Diversity of architectural design should be encouraged. "Theme" or stylized architecture 14 which is characteristic of a particular historic period or trend is discouraged, unless the 15 existing building or site is historically important to the district or necessary for 16 architectural harmony. 17 (e) Multiple buildings on the same site should be designed to create a cohesive visual 18 relationship between the buildings. 19 (f) Long or continuous wall planes shall be avoided, particularly in pedestrian activity areas, 20 where buildings should exhibit more detail and elements appropriate for close range 21 pedestrian view. Outside of pedestrian retail districts, building surfaces over two stories 22 high or 50 feet in length should be relieved with changes of wall plane (i.e., recesses and 23 projections, see Figure 5-3-7.1) that provide strong shadow or visual interest. 24 25 Figure 5-3-7.1 26 Recesses and Projections 27 28 29 30 31 32 33 34 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 10 1 2 5-3-8 BUILDING MATERIALS, FINISHES, AND COLORS 3 4 (a) All sides of a building may have an impact on its surroundings and should be considered 5 for treatment with an architectural finish of primary materials (i.e., brick, wood and 6 stone), unless other materials demonstrating equal or greater quality are used. As a 7 general rule, front facades should be at least 80 percent brick and stone. Side facades 8 should be at least 50 percent brick and stone. Rear facades do not have a minimum 9 requirement for primary materials and can consist entirely of secondary materials (e.g., 10 stucco). Tertiary materials (i.e., wood and metal) should be used for decorative 11 elements and trim only. 12 (b) Exterior building materials on the primary structure should not include smooth-faced 13 concrete block, tilt-up concrete panels, or prefabricated steel panels. 14 (c) The following types of building materials should not be used: highly reflective, shiny, or 15 mirror-like materials; mill-finish (non-colored) aluminum metal windows or door frames; 16 exposed, unfinished foundation walls; exposed plywood or particle board; and 17 unplastered, exposed concrete masonry blocks. 18 (d) Material or color changes generally should occur at a change of plane. Piecemeal 19 embellishment and frequent changes in material should be avoided. 20 (e) A horizontal accent stripe (e.g., a foot wide stripe of different color, see Figure 5-3-8.1) 21 should be used to help reduce the monotonous color and break up the appearance of 22 large building walls. 23 24 Figure 5-3-8.1 25 Monotonous Blank Building Walls 26 27 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 11 1 2 (f) 3 4 5 6 (g) 7 8 9 10 11 12 13 (h) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (i) 33 34 Facade colors should be low reflectance, and subtle, neutral, or earth-tone colors. Highintensity colors, metallic colors, black, or fluorescent colors should not be used. Building trim and accent areas may feature brighter colors, including primary colors, provided that the width of the trim shall not exceed four feet. Building colors should be carefully chosen so that each building color complements that of its neighbors. Colors can be classified as the "base" color (used on the majority of the building surface), "trim" color (used on the window trim, fascia, balustrades, and posts), and "accent" color (used on signs, awnings, and doors). The base color should consist of more subdued earth tones or brick shades. Trim colors should have contrasting lighter or darker shade than the base color. If natural brick is used, it should not be painted. The use of awnings on buildings is recommended to provide much needed protection from sun, wind, and rain, and to improve aesthetics of the building exterior. (See Figure 5-3-8.2). Figure 5-3-8.2 Awnings and Storefront Windows It is recommended that awnings be constructed with a durable frame, covered by a canvas material. Awnings that are backlit through translucent materials may be acceptable but are not particularly encouraged. Aluminum and other metal canopies are 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 12 1 acceptable in most instances, particularly when integrated into shopping center designs. 2 Flameproof vinyl, canvas or metal awnings and canopies may be used. 3 (j) Solid colors are preferred over striped awnings, but striping is permitted if colors 4 complement the character of the structure or group of buildings. 5 (k) Awnings are encouraged for first floor retail uses to provide architectural interest and to 6 encourage pedestrian activity. Where awnings are used, they should be designed to 7 coordinate with the design of the building and any other awnings along the same block 8 face. 9 (l) The design of fences and walls shall be compatible with the architecture of the main 10 building(s) and should use similar materials. All walls or fences 50 feet in length or 11 longer, and four feet in height or taller, should be designed to minimize visual monotony 12 by changing plane, height, material or material texture, or significant landscape massing. 13 Chain link fencing is discouraged. Use of special fencing design or materials should be 14 discussed in cases where site security is paramount. If used, chain link fences should 15 be vinyl coated (black or green colored vinyl encouraged). 16 (m) All garbage dumpsters and other similar areas devoted to the storage of waste materials 17 should be screened on three sides of said dumpster or area, with a minimum six-foot 18 high solid wooden fence or a wall constructed of materials substantially similar in 19 appearance to the building on site. In addition, said dumpster areas should be gated on 20 the fourth side with a material that provides opaque screening. 21 22 5-3-9 AUTOMOBILE-RELATED ESTABLISHMENTS 23 24 (a) Auto service facilities should not have their service bays facing the street, and parking 25 for all uses should be located to the side or rear of the building rather than in the front 26 yard. Service areas and/or service bays should be screened or sited so they are not 27 visible from the street. 28 (b) Vehicles under repair should be kept either inside a structure or in an area that is 29 screened from view from the street. 30 (c) Service areas shall provide adequate queuing space that does not impede vehicle 31 circulation through the site or result in vehicles stacking into the street. 32 (d) Perimeter and security fencing, when needed, should be constructed of attractive 33 materials that are compatible with the design and materials used throughout the project. 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 13 1 Razor wire or electric fencing should not be used, and chain link fencing is discouraged, 2 but if used, should be vinyl coated. 3 (e) Separate structures on the site (i.e., canopy, car wash, cashier's booth, etc.) should 4 have consistent architectural detail and design elements to provide a cohesive project 5 site. If a car wash is incorporated into the project, it should be well integrated into the 6 design. The car wash opening should be sited so that it is not directly visible as the 7 primary view from the street into the project site. 8 (f) Where permitted, the outside storage or display of vehicles, equipment, and 9 merchandise to be rented, leased, or sold, including manufactured home sales, should 10 be visible along no more than 30 percent of the frontage of the property abutting a 11 highway or street, excluding approved driveway entrances and exits. Screening may be 12 accomplished by using a natural vegetative buffer; a building; an earthen berm; a 100 13 percent opaque, solid wooden fence or wall; or a combination of these screening 14 methods. The use of low-lying landscaping that does not screen the display areas from 15 the public view right-of-way would not comply with this guideline. 16 17 5-3-10 INDUSTRIAL DISTRICTS 18 19 (a) Industrial districts are typically laid out in a gridiron of large blocks, 1,000 to 2,000 feet 20 long and 400 to 1,000 feet deep. Road right-of-ways should be 80 to 100 feet for major 21 roads and 60 feet for secondary roads. Curves and radii shall be large enough to 22 accommodate large trailer trucks. 23 (b) All areas devoted to the outside storage of vehicles, merchandise, and/or equipment that 24 are not intended for display, or for public rent, lease, or sale, shall be screened from 25 view from the right-of-way of the highway or public road along the entire property 26 frontage, except in areas where access crossings have been approved. A view from the 27 public right-of-way shall not be deemed to comply with this requirement. 28 29 5-3-11 ACCESS 30 31 (a) The entire parcel, rather than simply a particular project, shall be considered in 32 formulating and approving access plans. (See Figure 5-3-11.1). 33 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 14 1 2 3 4 5 6 7 8 9 10 11 12 (b) 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) 26 27 Figure 5-3-11.1 Access Considerations The street layout within planned communities should provide as many direct links to adjacent sites and surrounding roads as practical. (See Figure 5-3-11.2). Figure 5-3-11.2 Connectivity The street pattern should be designed to allow easy direct access to and from various origins and destinations. 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 15 1 (d) 2 3 4 5 Interparcel site access, for pedestrians as well as vehicles, should be provided to adjacent properties, when land uses are compatible. (See Figure 5-3-11.3). Figure 5-3-11.3 Interparcel Connections 6 7 8 (e) 9 10 11 Common access easements for shared driveways along state highways and busy streets are strongly encouraged. (See Figure 5-3-11.4). Figure 5-3-11.4 12 13 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 16 1 (f) If at all feasible with the development plan, service functions (e.g., deliveries, 2 maintenance activities) shall be integrated into the circulation pattern in a manner that 3 minimizes conflicts with vehicles and pedestrians. Commercial and industrial 4 developments should have service and loading areas separate from main circulation and 5 parking areas. 6 7 5-3-12 EXTERIOR LIGHTING 8 9 Commentary: Local governments should consider requiring, rather than simply encouraging, 10 cutoff luminaires. For lighting regulations, see Section 3.1 of this model code. 11 12 The following are exterior lighting recommendations consistent with the requirements as 13 specified in this code and illustrated in Figure 5-3-12.1. 14 (a) Exterior lighting should be architecturally compatible with the building style, material, and 15 colors. Galleria style and shoebox styles (cutoff fixtures) are preferred over cobra type 16 light fixtures and directional floodlights. 17 (b) Exterior lighting of the building and site should be designed so that light is not directed 18 off the site, and the light source is shielded from direct offsite viewing. All outdoor light 19 fixtures should be fully shielded or be designed or provided with light angle cut-offs, so 20 as to eliminate uplighting, spill light, and glare. 21 (c) Excessive illumination of signage, building, or site should be avoided. Roof lighting, 22 down-lighting washing the building walls, and illuminated awnings are all strongly 23 discouraged. 24 (d) Fixture mounting height should be appropriate for the project and the setting. The 25 mounting height of fixtures in smaller parking lots or service areas should not exceed 20 26 feet, with lower mounting heights encouraged, particularly where adjacent to residential 27 areas or other sensitive land uses. Use of low, bollard-type fixtures that are three to four 28 feet in height, are encouraged as pedestrian area lighting. 29 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 17 1 Figure 5-3-12.1 2 3 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 18 1 5-3-13 PARKING LOT LANDSCAPING 2 3 (a) Parking lots that face a street should be partially screened from the street by a low 4 fence, wall, hedge, berm, or vegetated buffer. If a parking lot fronts an arterial or major 5 collector street, and is of such a size that it dominates views from the fronting 6 arterial/collector street and detracts from the overall streetscape and community 7 appearance, then the parking lot should be screened or buffered with vegetation in its 8 entirety from view along the fronting roadway(s) within the required right-of-way frontage 9 planting strip. 10 (b) Landscape islands containing at least one overstory tree, or two understory trees 11 planted in each landscape island, should be provided within parking areas with 10 or 12 more spaces and located in such a manner so as to divide and break up the expanse of 13 parking areas (see Figure 5-3-13.1). One landscape island should be located at the end 14 of each row of parking spaces in the interior of the parking lot. In addition, one parking 15 lot landscape island should also be provided for every 150 linear feet of parking spaces, 16 whether at the periphery or in the interior of the parking lot. Each landscape island 17 should be of sufficient shape and size so that one overstory tree or two understory trees 18 will fit within the island. No portion of an island should be less than three feet in width. 19 20 Figure 5-3-13.1 21 Parking Lot Landscaped Island 22 23 24 25 26 27 28 29 30 31 32 33 Source: DeChiara and Koppelman 1984. 34 35 36 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 19 1 Commentary on additional references: In addition to the references cited below, a number of 2 local governments in Georgia have adopted design guidelines for various parts of their 3 jurisdictions. Many local design guidelines are available via the World Wide Web. Other 4 references with regard to urban design are listed in the master bibliography of this model code, 5 including, but not limited to, Olshansky 1996 (hillside development), Porter 1998 (urban design), 6 Sanders 1993 (manufactured housing), and Waters 1983 (historic preservation). For a list of 7 planting materials appropriate to the region, there are many sources including DeChiara and 8 Koppelman (1984). For other design-related regulations, one can also consult other modules of 9 this model code, including Code Sections 4-4 (manufactured homes), 5-1 (small towns), and 6-2 10 (new commercial development). 11 12 References: 13 14 Arendt, Randall, et al. 1994. Rural by Design. Chicago: Planners Press. 15 16 Craighead, Paula M. (ed.). 1991. The Hidden Design in Land Use Ordinances: Assessing the 17 Visual Impact of Dimensions Used for Town Planning in Maine Landscapes. Portland: 18 University of Southern Maine. 19 20 DeChiara, Joseph, and Lee E. Koppelman. 1984. Time Saver Standards for Site Planning. 21 New York: McGraw-Hill. 22 23 Dramstad, Wenche E., James D. Olson, and Richard T.T. Forman. 1996. Landscape Ecology 24 Principles in Landscape Architecture and Land-Use Planning. Washington, DC: Island Press. 25 26 Forsyth County Unified Development Code. 2001. Cumming: Forsyth County Department of 27 Planning and Development. 28 29 Stokes, Samuel N., et al. 1989. Saving America's Countryside: A Guide to Rural Conservation. 30 Baltimore: Johns Hopkins University Press. 31 5-3 Design Guidelines April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 2 6-2 INTERCHANGE AREA DEVELOPMENT 3 4 CONTENTS 5 6 6-2-1 TITLE 7 6-2-2 FINDINGS 8 6-2-3 PURPOSE AND INTENT 9 6-2-4 DEFINITIONS 10 6-2-5 APPLICABILITY 11 6-2-6 SITE PLAN APPROVAL REQUIRED 12 6-2-7 HIGHWAY ACCESS AND SAFETY 13 6-2-7.1 Purpose 14 6-2-7.2 Access from Highways 15 6-2-8 BUFFER AND SETBACKS 16 6-2-8.1 Buffer Along Interstate Highway 17 6-2-8.2 Setback Along Interchange Access Road 18 6-2-9 LANDSCAPING AND TREE REQUIREMENTS 19 6-2-9.1 Landscape Plan 20 6-2-9.2 Tree Requirement 21 6-2-9.3 Parking Lot Landscaping 22 6-2-9.4 Screening 23 6-2-10 ARCHITECTURE AND UTILITIES 24 6-2-10.1 Purpose 25 6-2-10.2 Building Materials 26 6-2-10.3 Accessory Uses 27 6-2-10.4 Utilities 28 6-2-11 SIGNS 29 6-2-11.1 Purpose 30 6-2-11.2 Regulations 31 6-2-12 EXTERIOR LIGHTING 32 6-2-12.1 Purpose 33 6-2-12.2 Cut-Off Fixtures 34 6-2-12.3 Height 35 6-2-13 STREAM AND WETLAND BUFFERS 36 6-2-14 ADMINISTRATION AND VARIANCES 37 38 6-2 INTERCHANGE AREA DEVELOPMENT 39 40 Applicability: There are several instances in Georgia where portions of counties are ripe for 41 land use regulations, but the remainder of the county is too slow-growing to justify being 42 subjected to a comprehensive, conventional zoning ordinance. Therefore, partial zoning 43 schemes have great potential for applications in rural Georgia counties (see also commentary 44 under Section 5-1 of this model code). This module presents a set of development regulations 45 for a highway interchange area that can be adopted as a stand-alone ordinance with the 46 addition of just a few other provisions from the model code. It is based on an interchange 47 overlay zone model ordinance prepared by the Clearwater Conservancy for municipalities in 6-2 Interchange Area Development April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 Centre County, Pennsylvania. However, the interchange area development ordinance 2 presented in this module is not a partial zoning scheme per se, because it does not regulate the 3 uses of land within the jurisdiction. Rather, this ordinance is best considered a set of 4 development regulations that apply to a limited area within a local jurisdiction. 5 6 Commentary on adapting this module to corridors. Local governments that have development 7 issues within highway "corridors" rather than at interchanges can easily adapt this ordinance to 8 fit their needs. To apply this module to corridors instead of interchange areas, the definitions 9 provided and the illustration of interchange area boundary would no longer be needed. A 10 simple definition of corridor could be added, such as "any parcel of land located wholly or 11 partially within 500 feet of either side of the right-of-way of U.S. Highway ___ [State Route __]." 12 The applicability section (6-2-5) would also need to be amended to refer to the definition of 13 corridor rather than interchange area. 14 15 Legal Commentary: Legal Counsel recommends that, although this is not a zoning ordinance, 16 for safety, it should be adopted in accordance with the Zoning Procedures Act. 17 18 6-2-1 TITLE 19 20 This Resolution [Ordinance] shall be known and may be cited as the "Interchange Area 21 Development Resolution [Ordinance] of ___________ County [City of _____________]." 22 23 6-2-2 FINDINGS 24 25 Interstate highway interchanges and the areas that surround them are magnets for 26 development. Traditionally, lands near interchanges on limited access highways generate 27 stronger development interest and command high prices. These lands tend to be developed 28 quickly for high revenue producing activities. In some cases, developers attempt to maximize 29 return on investment with little consideration to the long-term impact of their development on the 30 surrounding community. 31 32 The Board of Commissioners [Mayor and City Council] finds that the interchange area(s) subject 33 to regulation by this Resolution [Ordinance] has specific development pressures and unique 34 conditions that are not found elsewhere in the County [City]. These unique conditions of greater 6-2 Interchange Area Development April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 traffic counts and more intensive development pressures justify regulation in a specific area of 2 the County [City] that would not be justifiable in other areas of the County [City], due to the 3 absence of such conditions. 4 5 6-2-3 PURPOSE AND INTENT 6 7 The purpose of this Resolution [Ordinance] is to encourage managed, sensible interchange 8 development by providing protective measures that promote safety, minimize the impact to the 9 natural environment, and promote highway beautification. This Resolution [Ordinance] is 10 intended to ensure that new development will be compatible with respect to signage, lighting, 11 screening, and access points. It is not meant to recommend or dictate specific land uses within 12 the area regulated. Rather, it is intended to ensure that, if development does occur within the 13 area, it will meet a minimum set of standards. This Resolution [Ordinance] is also intended to 14 help developments within the interchange area maintain their initial appeal by protecting them 15 from potential adjacent substandard development. 16 17 6-2-4 DEFINITIONS 18 19 Interchange access road: The highest order road serving an interchange and providing access 20 to the Interstate Highway. 21 Interchange area: An area, consisting of slightly more than four square miles, generally forming 22 a two-mile by two-mile square around the center of an interstate highway interchange. 23 Specifically, the interchange area extends one mile from the outer right-of-way boundary of the 24 interstate highway and the interchange access road, as defined (see Figure 6-2-4.1). 25 6-2 Interchange Area Development April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 Figure 6-2-4.1 2 3 4 Setback: The minimum distance by which any building or improvement must be separated from 5 a right-of-way boundary. 6 Sign: A presentation of letters, numbers, figures, pictures, emblems, insignia, lines or colors, or 7 any combination thereof displayed for the purpose of information, direction or identification or to 8 advertise or promote a business service, activity, interest or product or any otherwise lawful 9 non-commercial use. 10 11 6-2-5 APPLICABILITY 12 13 This Resolution [Ordinance] shall apply within the interchange area boundary, as defined by this 14 Resolution [Ordinance], surrounding the intersection of Interstate Highway __ and Georgia State 15 Route ___ [or county or city road name]. 6-2 Interchange Area Development April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 2 6-2-6 SITE PLAN APPROVAL REQUIRED 3 4 No land use permit or building permit shall be issued by the Land Use Officer for a building, 5 structure, or manufactured home within the interchange area boundary defined by this 6 Resolution [Ordinance], unless the land use or building conforms to the requirements of this 7 Resolution [Ordinance]. Prior to a land use permit or building permit being issued, the Land Use 8 Officer shall require a site plan in sufficient detail to review the proposed development for 9 compliance with the provisions of this Resolution [Ordinance]. 10 11 6-2-7 HIGHWAY ACCESS AND SAFETY 12 13 6-2-7.1 Purpose. Over time, if not carefully thought through, numerous entryways 14 can contribute to difficult turning situations and often times lead to unsafe conditions. It is 15 therefore the intent of this section to limit the number of access points that are permitted onto 16 the Interchange Access Road. These controlled access points will enable more careful design 17 of turning movements, resulting in safer conditions. 18 19 6-2-7.2 Access From Highways. Prior to submission to the County [City] for review, 20 all plans for vehicular access to new development from the Interchange Access Road shall be 21 submitted to and approved by Georgia DOT if a state route, or the County [City] engineer if a 22 County [City] road. Any new right-of-way providing vehicular access from the Interchange 23 Access Road shall be located a minimum distance of 250 feet from the point at which the 24 exit/entrance ramp intersects the Interchange Access Road, and shall be no closer to any other 25 such right-of-way than 800 feet, measured from centerline to centerline. 26 27 6-2-8 BUFFER AND SETBACKS 28 29 6-2-8.1 Buffer Along Interstate Highway. All developments shall maintain a 100-foot 30 natural, undisturbed buffer, replanted where sparsely vegetated, between the interstate highway 31 right-of-way and any land development. 32 33 6-2-8.2 Setback Along Interchange Access Road. All developments shall maintain a 34 75-foot building and building and development improvement setback, including parking areas, 6-2 Interchange Area Development April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 from the right-of-way of the Interchange Access Road. The intent of this setback is to maintain 2 an adequate area if the road is widened, and to maintain a landscaped frontage until such time 3 as road widening is needed. 4 5 6-2-9 LANDSCAPING AND TREE REQUIREMENTS 6 7 6-2-9.1 Landscaping Plan. A landscape plan showing all landscaping required under 8 this section for any development within the interstate area boundary shall be required to be 9 approved by the Land Use Officer. No occupancy of any development shall take place until the 10 landscaping has been installed in accordance with the approved landscaping plan. Landscaping 11 shall be maintained permanently by the lot owner, and any plant material that does not live shall 12 be replaced within one year. 13 14 6-2-9.2 Tree Requirement. All lots abutting the Interchange Access Road shall 15 provide a minimum of one tree for each 40 linear feet of road frontage. All trees required shall 16 be located within the last 30 feet of the setback, to avoid their destruction if the interchange 17 access road is widened in the future. All required trees planted within the setback shall be of a 18 shade-type variety with a minimum caliper of two and one-half inches at planting and an 19 expected height at maturity of at least 30 feet. 20 21 6-2-9.3 Parking Lot Landscaping. Interiors of parking lots shall contain at a minimum 22 the equivalent of one tree for every 10 parking spaces. Planting islands within parking areas 23 shall be no less than 160 square feet per tree at a minimum width of five feet (excluding curb), 24 and shall be underlain by a minimum of two feet of suitable planting soil free of construction 25 debris. All required trees planted within a parking lot shall be of a shade-type variety with a 26 minimum caliper of two and one-half inches at planting and an expected height at maturity of at 27 least 30 feet. Trees may be clustered or grouped with the approval of the Land Use Officer. 28 Parking lots shall be landscaped such that at least 15 percent of the total parking area is 29 covered by tree canopy within 10 years after construction of the parking lot. 30 31 6-2-9.4 Screening. Parking lots and service and loading zones shall be screened 32 from the view as seen from the interstate highway or interchange access road with landscaping, 33 walls, fences, hedges, shrubbery and/or earthen berms that are a minimum of four feet in height 34 measured from finished grade. 6-2 Interchange Area Development April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 2 6-2-10 ARCHITECTURE AND UTILITIES 3 4 6-2-10.1 Purpose. The standards provided here will provide a consistency to the 5 development character thereby enabling the long-term preservation of property values and the 6 promotion of economic development. All proposed development to be located within the 7 interchange area boundary shall meet the requirements of this subsection. 8 9 6-2-10.2 Building Materials. To the maximum extent possible, proposed buildings 10 shall utilize natural building materials, such as wood, stone, and brick on building exteriors, 11 except that roofing materials may be man-made. Steel or other metals shall not be used on 12 building exteriors, except as may be necessary for roofing, window trim, gutters, and 13 downspouts. Unpainted concrete block, except when textured or tinted, shall not be used on 14 building exteriors. 15 16 6-2-10.3 Accessory Uses. Trash receptacles, mechanical equipment, outdoor storage, 17 loading docks, and other accessory uses should be located or screened in such a manner as to 18 be hidden from view of the interstate highway and interchange access road. 19 20 6-2-10.4 Utilities. All utility lines serving uses proposed or developed within the 21 interchange area boundary, including electric, telephone, data, and CATV, shall be installed 22 underground, except for single-family dwellings constructed on lots subdivided prior to the 23 effective date of this Resolution [Ordinance], and agricultural uses. Junction boxes, 24 transformers, and other structures essential to utility service which, due to their function, are 25 required to be located above-ground, shall be screened from view of public rights-of-way. 26 27 6-2-11 SIGNS 28 29 6-2-11.1 Purpose. The intention of this subsection is to enable the County [City] to 30 avoid the distracting clutter that too often come with new development. 31 32 6-2-11.2 Regulations. All signs proposed, installed, or replaced within the interchange 33 area boundary after the effective date of this Resolution [Ordinance] shall conform to the 34 standards set forth herein. 6-2 Interchange Area Development April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 (a) The total sign area of all signage on any one lot shall not exceed 200 square 2 feet. A double-faced sign shall be considered a single sign. However, signage 3 designed for pedestrian viewing only, such as under canopy signage or small 4 directional signs, shall not be included in calculating the maximum allowable sign 5 area per lot. 6 (b) No more than one ground pole sign shall be permitted on any lot. Such signs 7 shall not exceed 20 feet in height and shall not have a maximum sign area 8 greater than 32 square feet. 9 (c) Roof signs shall not be permitted. 10 (d) The main supporting structure of all signs shall be set back at least 15 feet from 11 the edge of the right-of-way of the interchange access road. The main 12 supporting structure of sign along the interstate highway shall be set back at 13 least 25 feet from the edge of the interstate right-of-way. 14 (e) No flashing, blinking, fluctuating, or otherwise changing light source may be 15 permitted, with the exception of signs providing time and temperature. 16 17 6-2-12 EXTERIOR LIGHTING 18 19 6-2-12.1 Purpose. The intention of this subsection is to enable the County [City] to 20 avoid the distracting glare that too often comes with new development. 21 22 6-2-12.2 Cut-Off Fixtures. All outdoor lighting fixtures, including without limitation, 23 ground, pole, and building-mounted fixtures and canopy lighting shall be of a design and type 24 containing shields, reflectors, fracture panels or recessed light sources such that the cutoff 25 angle is 90 degrees or less. For purposes herein, the cutoff angle is that angle formed by a line 26 drawn from the direction of light rays at the light source and a line perpendicular to the ground 27 from the light source above which no light is permitted. 28 29 6-2-12.3 Height. Lighting fixtures shall have a maximum height of 25 feet, except that 30 lighting used for outdoor recreational use shall not exceed 80 feet in height. 31 32 6-2 Interchange Area Development April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 9 1 6-2-13 STREAM AND WETLAND BUFFERS 2 3 All improvements or land disturbances within the interchange area boundary shall be set back at 4 least 100 feet from the top of any stream bank or edge of any wetland. All existing vegetation 5 within the setback required by this subsection shall be preserved. 6 7 6-2-14 ADMINISTRATION AND VARIANCES 8 9 This Resolution [Ordinance] shall be administered and enforced by the Land Use Officer. The 10 Board of Appeals, as established in Section 7-2 of this code, may upon application by the 11 property owner consider and grant variances to the strict requirements set forth in this 12 Resolution [Ordinance] to alleviate undue hardship that may be created by unusual physical or 13 topographic conditions of a site, thus providing reasonable relief. 14 6-2 Interchange Area Development April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 2 6-3 DEVELOPMENT AGREEMENT 3 4 CONTENTS 5 6 6-3-1 TITLE 7 6-3-2 FINDINGS 8 6-3-3 PURPOSE 9 6-3-4 AUTHORITY TO ENTER INTO DEVELOPMENT AGREEMENTS 10 6-3-5 APPLICATION 11 6-3-6 REQUIRED CONTENTS OF A DEVELOPMENT AGREEMENT 12 6-3-6.1 Definitions 13 6-3-6.2 Parties 14 6-3-6.3 Relationship of the Parties 15 6-3-6.4 Property 16 6-3-6.5 Intent of the Parties 17 6-3-6.6 Recitation of Benefits and Burdens 18 6-3-6.7 Notice and Hearings 19 6-3-6.8 Applicable Land Use Regulations 20 6-3-6.9 Approval and Permit Requirements 21 6-3-6.10 Uses Permitted Under the Agreement 22 6-3-6.11 Uses Prohibited by the Agreement 23 6-3-6.12 Dedications and Reservations 24 6-3-6.13 Utility Connections 25 6-3-6.14 Duration of the Agreement 26 6-3-6.15 Amendments and Termination 27 6-3-6.16 Periodic Review 28 6-3-6.17 Remedies and Enforcement 29 6-3-6.18 Approval and Signature Block 30 6-3-7 ADOPTION BY ORDINANCE AFTER PUBLIC HEARING 31 6-3-8 ADMINISTRATION 32 33 6-3 DEVELOPMENT AGREEMENT 34 35 Description and purpose. This tool is a negotiated agreement between a local government and 36 a developer. It usually involves large-scale development that will be phased and constructed 37 over a long period of time. A development agreement is sought by a developer to bring 38 certainty to the local regulations that will govern the development over time. In exchange for 39 agreeing to "lock in" the development regulations for a given development over time, the local 40 government may receive agreement from the developer to install infrastructure or take other 41 actions that further the public interest (Schiffman 1999). 42 43 This module provides a local Resolution [Ordinance] authorizing development agreements. It 44 contains substantial detail for what constitutes a development agreement, and the content of 45 this model Resolution [Ordinance] can be used to draft development agreements applicable to 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 specific property. The local government can then adopt (after a public hearing) the 2 development agreement with a simple Resolution [Ordinance]. Since there is no State-enabling 3 legislation in Georgia authorizing local governments to enter into development agreements, 4 local governments that wish to implement this tool should use a three-step sequence: (1) adopt 5 a general Resolution [Ordinance] governing development agreements (i.e., this model code 6 section); (2) negotiate a development agreement for a specific property upon application by the 7 property owner; and (3) adopt the negotiated agreement by Resolution [Ordinance]. 8 9 Example application. The State of California's laws specifically authorize local governments to 10 enter into development agreements, as a legislative act approved by Resolution [Ordinance]. In 11 Hawaii, development agreements are considered administrative acts (Schiffman 1999). 12 Development agreements indicate the uses that will be permitted, the bulk, intensity and 13 dimensional requirements (height, setbacks, etc.), the time period of the agreement, and 14 provisions for review and termination of the agreement (Schiffman 1999). At least nine (9) 15 states have enacted legislation that enables development agreements between developers and 16 local governments: Arizona, California, Florida, Hawaii, Louisiana, Nevada, New Jersey, and (to 17 a limited extent) Colorado and Minnesota (Taub 1990). 18 19 Legal Commentary: One school of thought would contend that local governments may not 20 "contract away the police power," particularly in the context of zoning decisions. Stated another 21 way, government cannot bind itself to not exercise its police powers. It can thus be considered 22 to be against public policy to permit the bargaining of zoning and subdivision regulations for 23 agreements and stipulations on the part of developers to do or refrain from doing certain things. 24 Arguably, a development agreement in concept violates the "reserved powers doctrine" (Callies 25 and Tappendorf 2001). 26 27 However, the dominant legal view is that development agreements, drafted to reserve some 28 governmental control over the agreements, do not contract away the police power; but, rather, 29 constitute a valid present exercise of that power. The Nebraska Supreme Court has preferred 30 to characterize development agreements as a form of conditional zoning that actually increases 31 the city's police power, rather than lessening it, by permitting more restrictive land use 32 regulations (attaching conditions through agreement) than a simple rezoning to a district in 33 which a variety of uses would be permitted of right. Also, a recent California appeals court 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 squarely upheld a development agreement that was challenged directly on "surrender of police 2 power" grounds (Callies and Tappendorf 2001). 3 4 Commentary by Legal Counsel: Legal Counsel questions whether this module would be legal in 5 Georgia and casts doubt on its constitutionality. However, no case has dealt with this type of 6 regulation in Georgia. 7 8 6-3-1 TITLE 9 10 This Resolution [Ordinance] shall be known and may be cited as the "Development Agreement 11 Resolution [Ordinance] of ___________ County [City of _____________]. 12 13 6-3-2 FINDINGS 14 15 The need for a development agreement arises in instances where a landowner generally wishes 16 to guarantee that a local government's land use regulations will remain fixed during the life of a 17 prospective land development on a subject parcel. The local government, on the other hand, 18 seeks as many concessions and land development conditions as possible beyond what it could 19 reasonably require through subdivision regulations under the normal exercise of its authority or 20 police power. 21 22 Developers have an incentive to voluntarily enter into a development agreement with the County 23 [City] that will limit the property use(s), even though the County [City] does not have regulations 24 governing land uses by district at the effective date of this Resolution [Ordinance], because the 25 prospects exist that the local government will adopt and apply land use restrictions to said 26 property in the future. Hence, a development agreement would benefit a developer by locking 27 in the development regulations that apply to a particular development, even if the local 28 government subsequently adopts land use regulations. 29 30 Developers also have an incentive to voluntarily enter into a development agreement with the 31 County [City] for two other important reasons, even if no land use regulations currently apply to 32 a proposed development. First, the developer may need the cooperation of the County [City] in 33 extending infrastructure (e.g., water and sewer lines, drainage facilities, roads, utilities, etc.), 34 and such cooperation may not be forthcoming in the absence of concessions voluntarily 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 submitted to by the developer in the form of a development agreement. Second, knowledge of 2 a pending development may stir citizen controversy, and even if the County [City] has no land 3 use regulations, the development agreement becomes a flexible negotiating instrument whereby 4 the developer can submit to certain concessions (i.e., limits on land uses) that will satisfy 5 neighborhood concerns. 6 7 The County [City] similarly has interests in voluntarily entering into a development agreement in 8 certain instances. As just noted, the County [City] may have an interest in limiting land uses in a 9 given area because of citizen opposition. Without the mechanism of a voluntary development 10 agreement and in the absence of land use regulations, the County [City] has virtually no control 11 over the quality, extent, and location of a proposed development. The County [City] will also 12 support entering into development agreements in cases where infrastructure is needed to serve 13 the development but no existing regulation exists to require such improvements. 14 15 The Board of Commissioners of ___________ County [Mayor and City Council of the City of 16 ____________], Georgia, therefore finds that a negotiated development agreement, voluntarily 17 submitted by a development applicant and involving infrastructure improvements and limits on 18 land use regulations, can be in the best interests of the County [City] and the development 19 community and within the proper scope of the county's [city's] police powers. 20 21 6-3-3 PURPOSE 22 23 The purpose of a development agreement is to vest certain development rights in the 24 landowner/developer in exchange for construction and dedication of public improvements, 25 certain restrictions on land uses, and other concessions on the part of developer. A 26 development agreement allows a developer who needs additional discretionary approval now or 27 in the future to acquire long-term project approval, regardless of any local regulations that may 28 be subsequently adopted. Development agreements will provide assurances to the applicant 29 for a particular development project, that upon approval of the project, the applicant may 30 proceed with the project in accordance with all applicable local statues, ordinances, resolutions, 31 rules, and policies in existence at the time the development agreement is executed and that the 32 project will not be restricted or prohibited by the county's [city's] subsequent enactment or 33 adoption of laws, ordinances, resolutions, rules, or policies. Public benefits derived from 34 development agreements may include, but are not limited to, restrictions on land uses, limits on 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 development intensity and location, affordable housing, design standards, and on- and off-site 2 infrastructure and other improvements. The local government needs a mechanism for 3 negotiating such benefits in return for the vesting of development rights for a specific period. It 4 is therefore the specific purpose of this Resolution [Ordinance] to authorize the local governing 5 body to exercise its police powers to enter into individual development agreements and to 6 specify the content and procedures for such development agreements. 7 8 6-3-4 AUTHORITY TO ENTER INTO DEVELOPMENT AGREEMENTS 9 10 The Board of Commissioners of ___________ County [Mayor and City Council of the City of 11 ____________], Georgia, hereby exercises its police powers to negotiate and enter into a 12 voluntary development agreement upon application of a developer. The procedure for entering 13 into a development agreement, and the contents of any development agreement, shall be 14 consistent with the requirements of this Resolution [Ordinance]. 15 16 6-3-5 APPLICATION 17 18 Any person having a legal or equitable interest in real property may make application to enter 19 into a development agreement with the County [City]. Applications shall be made to the Land 20 Use Officer on forms furnished by said Land Use Officer and according to specifications of the 21 Land Use Officer. The County [City] may establish an application fee to recover from applicants 22 the direct costs associated with holding a public hearing on the application and providing notice 23 thereof. Such application fee, if adopted by the County [City], shall be submitted along with said 24 application. 25 26 6-3-6 REQUIRED CONTENTS OF A DEVELOPMENT AGREEMENT 27 28 Any application for a development agreement, and any development agreement itself, shall at 29 minimum contain the following provisions: 30 31 6-3-6.1 Definitions. All technical terms to be used in the development agreement 32 shall be precisely defined. Terms that have been defined in any applicable statute or ordinance 33 should be defined the same way in the agreement. 34 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 6-3-6.2 Parties. All parties to the agreement shall be named and their capacities to 2 enter into the agreement clearly stated. In the case of developer/owners, their equitable or legal 3 interests in the property must be stated. 4 5 6-3-6.3 Relationship of the Parties. The relationship between the parties to the 6 agreement shall be stated clearly. Typically, the statement will specify that the relationship is 7 contractual and that the owner/developer is an independent contractor, and not an agent of the 8 local government. 9 10 6-3-6.4 Property. The property to be subject to the agreement shall be clearly and 11 thoroughly identified. An attachment, preferably with a map, specifically describing the property 12 shall be provided and incorporated into the agreement by reference. Specifically, the 13 agreement shall provide that the property is located in the City [County] of 14 _____________________, more particularly described in Exhibit "A" (attached hereto and 15 incorporated herein), which real property is the subject matter of this Agreement, and that said 16 property consists of ____ acres of property. 17 18 6-3-6.5 Intent of the Parties. The intent of the parties to be bound by the terms of the 19 agreement should be clearly stated. The agreement shall specifically include a statement that 20 the property owner represents that it has an equitable or a legal interest in the real property and 21 that all other persons holding legal or equitable interests in the real property are to be bound by 22 the agreement. The development agreement may provide for the rights and obligations of the 23 property owner under the agreement to be transferred or assigned. 24 25 6-3-6.6 Recitation of Benefits and Burdens. The agreement shall recite the benefits 26 each party expects to gain from entering into the agreement, as well as the burdens each party 27 agrees to bear. Because the agreement will be treated as a contract, the consideration each 28 party is to receive from the other should be stated clearly in order to ensure enforceability. The 29 benefits to the local government and community must be expressed in terms that exhibit the 30 agreement as consistent with (or as an exercise of) the police power. 31 32 Commentary: Stressing such benefits may help protect the agreement against a "bargaining- 33 away-the-police-power" challenge (Callies and Tappendorf 2001). 34 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 6-3-6.7 Notice and Hearings. The date upon which the public hearing was held shall 2 be noted, as well as all relevant findings resulting from such hearing. All other pertinent notice 3 and hearing requirements should be recited. 4 5 6-3-6.8 Applicable Land Use Regulations. The agreement shall contain a precise 6 statement of all land use regulations to which the development project will be subject. The 7 agreement should specify precisely which regulations will apply to the project regardless of 8 future changes, or otherwise be affected by the agreement. The statement shall clearly state 9 that regulations not specifically so identified will not be affected by the terms of the agreement, 10 and will be subject to enforcement and change under the same criteria that would apply if no 11 agreement were in effect. The development agreement shall specify that, unless otherwise 12 provided by the development agreement rules, regulations, official policies governing permitted 13 uses of the land, governing density, governing design, improvement and construction standards 14 and specifications applicable to the development of the property subject to a development 15 agreement, shall be those rules, regulations, and official policies in force at the time of execution 16 of the agreement. The agreement should also specify that the County [City] hereby agrees that 17 it will accept from the property owner for processing and review all development applications for 18 development permits or other entitlements for the use of the real property in accordance with 19 this agreement, provided that said applications are submitted in accordance with County [City] 20 rules and regulations and fees, if any, have been paid. 21 22 Commentary: The local government may have few land use regulations that apply. Indeed, this 23 module has as a basic premise that the local government does not have any significant land use 24 regulations in place. 25 26 6-3-6.9 Approval and Permit Requirements. The agreement shall specify all 27 discretionary approvals and permits that will have to be obtained before the development can 28 proceed beyond its various stages. All conditions precedent to the obtaining of the permits and 29 approvals should be listed. 30 6-3-6.10 Uses Permitted Under the Agreement. The agreement must specify: (1) the 31 permitted uses of the property; (2) the density or intensity of use; and, (3) the maximum height 32 and size of proposed buildings. 33 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 6-3-6.11 Uses Prohibited by the Agreement. The development agreement may 2 establish limits to permissible uses or prohibit certain uses on the subject property. 3 4 6-3-6.12 Dedications and Reservations. The agreement should provide, where 5 appropriate, a statement of any land or improvements to be dedicated to the County [City] or 6 land reservations made by the developer for public purposes, and the specific time period for 7 such dedications and reservations as they relate to the date of entering into the agreement. 8 9 6-3-6.13 Utility Connections. All water and sewer service, either to be provided by the 10 developer or by the local government, shall be described in detail, together with schedules of 11 construction completion, cost allocation (between or among developers and government and 12 later developers), hookup or connection schedules, and parameters for permitting, including 13 fees for utility provision and service. 14 15 6-3-6.14 Duration of the Agreement. The agreement shall state a termination date. It 16 should also specify project commencement and completion dates, either for the project on the 17 whole, or for its various phases. The agreement should specify that the termination date can be 18 extended by mutual agreement, and that commencement and completion dates may also be 19 extended. 20 21 6-3-6.15 Amendments and Termination. The development agreement shall provide 22 that it may be amended, or canceled in whole or in part, by mutual consent of the parties to the 23 agreement or their successor in interest. The agreement shall include the conditions under 24 which the agreement can be amended, canceled, or otherwise terminated. The agreement shall 25 specifically include that in the event that State or Federal laws or regulations, enacted after a 26 development agreement has been entered into, prevent or preclude compliance with one or 27 more provisions of the development agreement, such provisions of the agreement shall be 28 modified or suspended as may be necessary to comply with such State or Federal laws or 29 regulations. The development agreement shall also specifically state that if the local government 30 finds and determines, on the basis of substantial evidence, that the applicant or successor in 31 interest thereto has not complied in good faith with the terms or conditions of the agreement, the 32 local government may terminate or modify the agreement. 33 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 9 1 6-3-6.16 Periodic Review. The agreement should provide for periodic reviews of the 2 project in order to determine compliance with the terms of the agreement. Unless otherwise 3 negotiated, the Land Use Officer of the County [City] shall be responsible for performing such 4 reviews. 5 6 6-3-6.17 Remedies and Enforcement. Remedies for breach on the part of either party 7 shall be provided, and the agreement shall provide for enforcement of its provisions. 8 9 6-3-6.18 Approval and Signature Block. The agreement shall specifically provide 10 signature blocks for execution upon approval by ordinance, preceded by the following statement: 11 12 AGREEMENT 13 14 THIS DEVELOPMENT AGREEMENT (hereinafter referred to as "Agreement") is made and 15 entered into this ___________ day of ____________ , _____ by and between ___________ 16 THE COUNTY [CITY] OF ______________________ , and _________________________, a 17 _____________________________ corporation [partnership, etc.] (hereinafter referred to as 18 "Property Owner"). On ______________ , _____ , the Board of County Commissioners [Mayor 19 and City Council] adopted Resolution [Ordinance] No. ______________ approving the 20 development agreement with the Property Owner. The Resolution [Ordinance] thereafter took 21 effect on ____________, ____ . 22 23 6-3-7 ADOPTION BY ORDINANCE AFTER PUBLIC HEARING 24 25 The Board of Commissioners of ___________ County [Mayor and City Council of the City of 26 ____________] shall only enter into a development agreement pursuant to the Resolution 27 [Ordinance] if a developer has made application for a development agreement, the Board 28 [Mayor and City Council] has held a public hearing after which adequate notice was given in 29 compliance with the Zoning Procedures Law (O.C.G.A. 36-66), and if a particular development 30 agreement is adopted by Resolution [Ordinance] of said Board [Mayor and City Council]. 31 Furthermore, a development agreement shall not be approved unless the legislative body finds 32 that the provisions of the agreement are consistent with the comprehensive plan of the County 33 [City]. 34 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 10 1 Commentary: Local governments wishing to adopt this Resolution [Ordinance] but which have 2 not adopted zoning procedures should incorporate applicable provisions of Section 7-1 of this 3 model code, which has been written to comply with the Zoning Procedures Law. 4 5 6-3-8 ADMINISTRATION 6 7 The Land Use Officer shall administer the provisions of this Resolution [Ordinance]. 8 9 References: 10 11 Callies, David L., and Julie A. Tappendorf. 2001. Annexation Agreements and Development 12 Agreements. In Patricia E. Salkin, ed., Trends in Land Use Law from A to Z: Adult Uses to 13 Zoning. Chicago: American Bar Association. 14 15 Schiffman, Irving. 1999. Alternative Techniques for Managing Growth. Berkeley: University of 16 California, Berkeley, Institute of Governmental Studies Press. 17 18 Taub, Ted. 1990. Development Agreements. Land Use Law & Zoning Digest 42, 10: 3-9. 6-3 Development Agreement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 6-4 MAJOR PERMIT REQUIREMENT 2 3 CONTENTS 4 5 6-4-1 TITLE 6 6-4-2 PURPOSE AND INTENT 7 6-4-3 TYPES OF USES SUBJECT TO MAJOR PERMIT 8 6-4-4 APPLICATION REQUIREMENTS 9 6-4-4.1 Site Plan 10 6-4-4.2 Fee 11 6-4-5 APPLICATION PROCESS 12 6-4-6 CRITERIA FOR MAKING DECISIONS ON MAJOR PERMITS 13 6-4-7 APPEALS 14 15 6-4 MAJOR PERMIT REQUIREMENT 16 17 Description and purpose. This alternative is a modification of Vermont's Act 250 (adopted in 18 1970) permitting requirements. It establishes a local permit requirement for certain types of 19 development. Rather than have such permits considered and acted upon by a regional 20 commission, as is the case in Vermont, this alternative suggests that cities and counties could 21 be the permit authority. This module is similar in many respects to Section 6-5, environmental 22 impact review. 23 24 Example applications. Vermont's Act 250 establishes a permit requirement for virtually any 25 development involving a "greater than local" impact. All housing projects with 10 or more units, 26 all subdivision proposals with 10 or more lots, and commercial or industrial projects involving 27 more than one acre in towns without zoning regulations, are among the types of development 28 covered by Act 250 permit requirements. Permit requirements do not extend to farming and 29 forestry activities. 30 31 Administrative requirements for implementation. While the locality could implement the permit 32 process, there is likely going to be a need for an appeal procedure. Vermont administers the 33 Act 250 permit requirements on a regional basis. Particularly complex permit applications 34 require more expertise to administer. Adequate staffing has been an issue with Act 250 permit 35 requirements (DeGrove 1984). The administrative requirements of a major permit ordinance 36 would be similar to the "development standards and site plan review ordinance" alternative 37 described above. 38 39 6-4 Major Permit Requirement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 6-4-1 TITLE 2 3 This Resolution [Ordinance] shall be known and may be cited as the "Major Permit Resolution 4 [Ordinance] of ____________ County [City of _____________]." 5 6 6-4-2 PURPOSE AND INTENT 7 8 The purpose and intent of this Resolution [Ordinance] is to establish a requirement that 9 developers proposing land developments that meet or exceed a given threshold must have 10 projects reviewed according to specific criteria. 11 12 6-4-3 TYPES OF USES SUBJECT TO MAJOR PERMIT 13 14 The following uses shall require a major permit to be approved by the local governing body after 15 application by the property owner and review by the planning commission: 16 (a) Any housing or manufactured home park development of 10 or more units. 17 (b) Any commercial or industrial project on more than 10 acres. 18 (c) Any subdivision of land involving the sale of subdivided land where 10 or more lots are 19 involved, and each lot is less than 10 acres. 20 21 No land use permit or building permit shall be issued for a development requiring a major permit 22 until a major permit application has been submitted, reviewed by the planning commission, and 23 approved by the local governing body in accordance with the provisions of this Resolution 24 [Ordinance]. No person shall sell or offer for sale any interest in any subdivision located in the 25 County [City] or commence construction on a subdivision or development, or commence 26 development without a permit if required by this Resolution [Ordinance]. 27 28 The permit required under this Resolution [Ordinance] shall not supersede or replace the 29 requirements for a permit required by any state agency or any other permits which may be 30 required by the local government. 31 32 6-4-4 APPLICATION REQUIREMENTS 33 34 All applications shall consist of the following. 6-4 Major Permit Requirement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 6-4-4.1 Site Plan. In conjunction with the application for a major permit, the applicant 2 shall submit a site plan with sufficient detail to determine the nature of the proposed 3 development in relation to the review criteria established for major permits by this Resolution 4 [Ordinance]. 5 6 6-4-4.2 Fee. A fee shall be submitted as established from time to time by the local 7 governing body. 8 9 6-4-5 APPLICATION PROCESS 10 11 Upon receipt of a completed application for a major permit as required by this Resolution 12 [Ordinance], the Land Use Officer shall conduct a review of said application. The Land Use 13 Officer may seek the opinions and/or recommendations of any other local, regional, state, or 14 federal agency with expertise in the particular impacts of a proposed development. The Land 15 Use Officer and Planning Commission may conduct such investigations, examinations, tests 16 and site evaluations as they deem necessary to verify information contained in the application. 17 An applicant shall grant the Land Use Officer and members of the Planning Commission 18 permission to enter upon land under review for a major permit for these purposes. The Land 19 Use Officer shall forward recommendations to the Planning Commission on the application 20 within 30 days the application was determined to be complete. All other procedures for review 21 and public hearing by the planning commission and review and public hearing by the local 22 governing body shall be followed as described in Section 7.1 of this code for conditional uses. 23 24 6-4-6 CRITERIA FOR MAKING DECISIONS ON MAJOR PERMITS 25 26 The Land Use Officer and Planning Commission shall provide written findings and 27 recommendations to the local governing body as to whether the proposed development meets, 28 or does not meet, the following criteria for approval. The proposed development: 29 (1) Will not result in undue water or air pollution. In making this determination it shall at 30 least consider the following: the elevation of the land above sea level; and in relation to 31 the flood plains, the nature of soils and subsoils and their ability to adequately support 32 waste disposal; the slope of the land and its effect on effluents; the availability of 33 streams for disposal of effluents; and the applicable health and water resources 34 regulations. 6-4 Major Permit Requirement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 (2) Has sufficient water available for the reasonable foreseeable needs of the subdivision or 2 development. 3 (3) Will not cause unreasonable burden on existing water supply if one is to be utilized. 4 (4) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold 5 water so that a dangerous or unhealthy condition may result. 6 (5) Will not cause unreasonable highway congestion, or unsafe conditions. 7 (6) Will not cause an unreasonable burden on the ability of a school district to provide 8 educational services. 9 (7) Will not place an unreasonable burden on the ability of a local government to provide 10 municipal or governmental services. 11 (8) Will not have an undue adverse effect on the scenic or natural beauty of the area, 12 aesthetics, historic sites, or rare and irreplaceable natural areas. 13 (9) Conforms to a duly adopted comprehensive plan prepared by the local government with 14 jurisdiction. 15 (10) Conforms to a duly adopted regional plan. 16 17 In considering the preceding 10 criteria, the Land Use Officer, Planning Commission, and Local 18 Governing Body shall be guided and restricted by the following. 19 (a) No application shall be denied unless it is found that the proposed subdivision or 20 development will be detrimental to public health, safety, or general welfare. 21 (b) For criteria 1 through 4, 9, and 10, the burden of proof is on the applicant to prove the 22 case. 23 (c) For criteria 5 through 8, the burden of proof falls on those who object to the major 24 development application. Adverse information brought up under criteria 5 through 7 25 cannot be used as the sole reason for denial. 26 (d) In considering criteria 9 and 10, the Land Use Officer, Planning Commission, and Local 27 Governing Body shall take into consideration the growth in population experienced by 28 the County [City] and region in question and whether or not the proposed development 29 would significantly affect their existing and potential financial capacity to reasonably 30 accommodate both the total growth and the rate of growth otherwise expected for the 31 County [City] and region, as well as the total growth and rate of growth which would 32 result from the development if approved. 33 (e) The local governing body will not grant a permit for a development or subdivision which 34 is not physically contiguous to an existing urban or suburban area unless it is 6-4 Major Permit Requirement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 demonstrated that, in addition to all other applicable criteria, the additional costs of 2 public services and facilities caused directly or indirectly by the proposed development 3 or subdivision do not outweigh the tax revenue and other public benefits of the 4 development or subdivision, such as increased employment opportunities or the 5 provision of needed and balanced housing accessible to existing or planned employment 6 centers. 7 (f) The Land Use Officer and Planning Commission may recommend, and the local 8 Governing Body may impose, such requirements and conditions on the major permit as 9 are allowable and proper exercise of the police power, and which are appropriate with 10 respect to the previously outlined criteria for review of permits. 11 12 6-4-7 APPEALS 13 14 Any person aggrieved by a decision of the Local Governing Body pursuant to this Resolution 15 [Ordinance] may appeal said decision within 30 days to a court of competent jurisdiction. Any 16 person aggrieved by a decision of the Land Use Officer in the administration, interpretation, or 17 enforcement of this Resolution [Ordinance] may appeal said decision to the Board of Appeals in 18 accordance with procedures established in Section 7.2 of this code. 19 20 References: 21 DeGrove, John M. 1984. Land Growth and Politics. Chicago: Planners Press. 22 23 Myers, Phyllis. 1974. So Goes Vermont: An Account of the Development, Passage, and 24 Implementation of State Land-use Legislation in Vermont. Washington, DC: Conservation 25 Foundation. 26 27 Vermont Statutes: TITLE 10 Conservation And Development: PART 5 Land Use And 28 Development: CHAPTER 151. STATE LAND USE AND DEVELOPMENT PLANS 29 6-4 Major Permit Requirement April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 1 1 6-7 2 3 4 5 6-7-1 6 6-7-2 7 6-7-3 8 6-7-4 9 6-7-5 10 6-7-6 11 6-7-7 12 6-7-8 13 6-7-9 14 6-7-10 15 CORRIDOR MAP CONTENTS TITLE PURPOSE AND INTENT DEFINITIONS FINDINGS AND CORRIDOR MAP ADOPTION GENERAL PROVISIONS LAND USE PERMIT REQUIRED TO DEVELOP RESERVED LAND PUBLIC HEARING AND NOTICE ON LAND USE PERMIT ACTION AUTHORITY TO ACQUIRE FOR RESERVED LAND FOR PUBLIC USE FINAL ACTION ON THE LAND USE PERMIT 16 6-7 CORRIDOR MAP 17 18 Description: This tool is much like an official map, but only for streets and other linear 19 transportation facilities. It is also similar to what Fred Bair (1979) describes as a "major streets 20 map." An official map is a map specifying the location and extent of future lands that the local 21 government needs for public purposes. It provides more or less exact boundaries where the 22 community intends to purchase land for streets and other facilities. An official map allows local 23 governments to reserve designated land areas for future public improvements. It is intended to 24 minimize indiscriminate construction of buildings and utilities that may be incompatible with 25 plans for future public improvement activities (Ndubisi 1992). The need for designating on an 26 official map other public land reservations, such as parks and school sites, is much less clear 27 since alternative sites for these facilities should be available. Therefore, the model code 28 provides for a corridor map that applies only to streets and transportation facilities. The corridor 29 map includes land designated by the state transportation department for the construction or 30 improvement of transportation facilities. This tool holds some promise in rural Georgia, where 31 local governments see the need to protect future road corridors from encroachment by 32 buildings. 33 34 Commentary on Legality: In Georgia, official maps were authorized by the General Planning and 35 Zoning Enabling Act of 1957. The enabling legislation provided that an official map could be 36 adopted which shows the location of streets, public building sites, and public open spaces. The 37 law also indicates that an official map could also show public sites approved on plats of 38 subdivisions which have been approved by the local planning commission. If a master plan or 39 at least a street plan was developed, a local planning commission could adopt an official map 6-7 Corridor Map April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 2 1 showing future streets. The enabling legislation provided for a showing of parks, playgrounds, 2 and other public open spaces on the official map, and it enabled local governments to adopt 3 ordinances that prohibit or restrict building construction within future streets and future public 4 use properties. It also provided for an appeal to the Board of Zoning Appeals or if none existed, 5 a Board of Appeals created for that purpose. The 1957 enabling legislation was invalidated as 6 of 1976 when changes were made to the State constitution and thus that statute no longer 7 appears in the Georgia Code. Therefore, there is no enabling legislation for adopting official 8 maps in Georgia. 9 10 The corridor map is reportedly more legally defensible than an official map (American Planning 11 Association 1998). Since an official map was once specifically enabled in Georgia, the corridor 12 map (a derivative) should also be considered legal. See the section above on "administrative 13 requirements for implementation" for additional recommendations. The corridor map ordinance 14 must be carefully written so that it does not restrict all reasonable uses of a given parcel. 15 16 Additional Legal Commentary: From a legal standpoint, a local government would be authorized 17 to adopt official maps showing future public improvements. If the local government prohibited 18 development within the areas of those future public improvements, the map would likely be 19 considered a zoning map and thus required to comply with the Zoning Procedures Law. 20 21 The bigger problem arises, as discussed in the task report, with "takings" claims. If a local 22 government were to designate a future right-of-way, for example, and thus prohibit a property 23 owner upon request to develop on that future right-of-way, a strong case for inverse 24 condemnation could be made against the local government. That is to say, the local 25 government could not prohibit indefinitely development of property in the hope that it would 26 purchase that property in the future for a public use. But, still, the local governments should be 27 encouraged to plan ahead and develop plans for future public uses. 28 29 For the same reasons applied in Section 19 on the "official map", the corridor map would also 30 be legal in Georgia. This device was used extensively by DeKalb County in years past to 31 designate future thoroughfares and corridors expected to be developed in the county. Its 32 limitations, of course, are the same as the official map. Restrictions of development by property 33 owners within the corridors would likely be deemed a taking. 34 6-7 Corridor Map April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 3 1 6-7-1 TITLE 2 3 This Resolution [Ordinance] shall be known and may be cited as the "Corridor Map Resolution 4 [Ordinance] of the County [City] of ____________________." 5 6 6-7-2 PURPOSE AND INTENT 7 8 The purposes of this Resolution [Ordinance] are to implement the local comprehensive plan, 9 especially the thoroughfare plan, by reserving land needed for future transportation facilities 10 designated by the plan; provide a basis for coordinating the provision of transportation facilities 11 with new development by designating corridors where the construction and improvement of 12 transportation facilities is expected; restrict the construction or expansion of permanent 13 structures in the intended right-of-way of planned transportation facilities as indicated on a 14 corridor map; and, protect the rights of landowners whose land is reserved on a corridor map. 15 16 6-7-3 DEFINITIONS 17 18 Corridor Map: A map adopted by the County [City] that designates land to be reserved for the 19 construction of future or improvement of existing transportation facilities. The corridor map 20 establishes the width and termini of corridors as necessary to allow flexibility in planning the 21 design of a transportation facility. 22 Reserved Land: Land shown on the corridor map as "reserved." 23 Transportation Facilities: Streets, highways, bikeways, sidewalks, and trails. 24 25 6-7-4 FINDINGS AND CORRIDOR MAP ADOPTION 26 27 The County [City] hereby finds that the corridor map, which is hereby attached to and made a 28 part of this Resolution [Ordinance], is consistent in all respects with the thoroughfare plan of the 29 county's [city's] comprehensive plan. The County [City] hereby adopts the corridor map. The 30 County [City] finds that prior to adoption of the corridor map, the following actions have been 31 taken to ensure procedural due process: 32 33 6-7-4.1 Prior to public hearing, if the proposed corridor map includes land intended 34 for transportation facilities to be constructed or improved by governmental units other than the 6-7 Corridor Map April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 4 1 County [City], the County [City] submitted a copy of the proposed corridor map to the chief 2 executive officer of each such governmental unit and allowed 30 days for said governmental 3 units to indicate in writing any reserved land for transportation facilities for which they are 4 responsible that they want removed from the corridor map, in which case such reserved land 5 has been removed from the corridor map. 6 7 6-7-4.2 At least 15 days before the public hearing, the County Board of 8 Commissioners [Mayor and City Council] notified the public of the date, time, place, and nature 9 of a public hearing by publication in a newspaper of general circulation in the territory of the 10 local government. 11 12 6-7-4.3 The Land Use Officer notified all owners of parcels of land that include 13 proposed reserved land of the date, time, place, and nature of the public hearing by mail at least 14 15 days before the public hearing. 15 16 6-7-4.4 The County Board of Commissioners [Mayor and City Council] held the public 17 hearing at the date, time, and place advertised, and afforded all interested individuals with the 18 opportunity to be heard concerning the proposed corridor map. 19 20 6-7-5 GENERAL PROVISIONS 21 22 The County [City] shall not issue a Land Use Permit or any other permit for development except 23 pursuant to the procedure and in compliance with this Section. This section does not forbid or 24 restrict the use of any reserved land that does not constitute the development of that land, nor 25 does this Section forbid or restrict development on the unreserved portion of any reserved land. 26 27 6-7-6 LAND USE PERMIT REQUIRED TO DEVELOP RESERVED LAND 28 29 An owner of reserved land who proposes to develop reserved land shall apply to the Land Use 30 Officer for a Land Use Permit. It shall be unlawful to carry out development upon land shown as 31 reserved on the corridor map, without first securing a Land Use Permit as required by this 32 Resolution [Ordinance]. (See Figure 6-7-6.1). 33 6-7 Corridor Map April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 5 1 Figure 6-7-6.1 2 6-7 Corridor Map April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 6 1 6-7-7 PUBLIC HEARING AND NOTICE ON LAND USE PERMIT 2 3 Upon receiving an application for a Land Use Permit involving reserved land, the Land Use 4 Officer shall arrange for the application to be scheduled for public hearing before the County 5 Board of Commissioners [Mayor and City Council]. The applicant, and if land is reserved for a 6 public use by a governmental unit other than the local government, that governmental unit, shall 7 be notified in writing of the date, time, and place of the hearing within five business days of 8 receipt of the application, by written mail, personal service, or facsimile, at least 15 days prior to 9 the public hearing. The public shall be given notice by publication in a newspaper of general 10 circulation in the territory of the local government at least 15 days prior to the public hearing of 11 the date, time, place, and nature of the hearing. The applicant shall, at the hearing, have an 12 opportunity, personally or through counsel, to present evidence and argument in support of his 13 or her application, as shall any governmental unit or interested individual that has an interest in 14 the application. 15 16 6-7-8 ACTION 17 18 Following the public hearing, the County Board of Commissioners [Mayor and City Council] may 19 take one of the following actions: 20 21 6-7-8.1 Approve the Land Use Permit as proposed, with or without conditions. 22 23 6-7-8.2 Modify the mapped corridor to remove all or part of the reserved land from 24 the mapped corridor, and issue with or without conditions the Land Use Permit authorizing 25 development on the land removed from the mapped corridor. 26 27 6-7-8.3 Modify the proposed Land Use Permit application and issue it for 28 development as modified, with or without conditions, if the development can reasonably be 29 accomplished on the subject parcel without encroaching on the reserved land. 30 31 6-7-8.4 Delay action on the Land Use Permit for a defined period of time not to 32 exceed six months for the purpose of any of the following: 6-7 Corridor Map April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 7 1 (a) Negotiating with the property owner for the purchase of all or a part of the 2 reserved land by the governmental agency responsible for the transportation 3 facilities; 4 (b) Acquiring the reserved land voluntarily; 5 (c) Acquiring a negative easement over the reserved land that prevents the property 6 owner from building on the reserved land; or, 7 (d) Taking the reserved land through eminent domain. 8 9 6-7-9 AUTHORITY TO ACQUIRE FOR RESERVED LAND FOR PUBLIC USE 10 11 After delaying action on the Land Use Permit by the County [City], the local government or other 12 governmental unit responsible for the transportation facilities may, but shall not be obligated to, 13 negotiate for the voluntary dedication of the land, enter into option, or it may initiate 14 condemnation proceedings subject to applicable state law and use its powers of eminent 15 domain. 16 17 6-7-10 FINAL ACTION ON THE LAND USE PERMIT 18 19 If the County [City] delays action on the Land Use Permit as provided by 6-7-8.4 and the 20 governmental agency responsible for transportation facilities on the reserved land fails to 21 arrange for the legal acquisition of all or a part of the reserved land within the specified time 22 period which shall not exceed six months, then the County [City] shall approve the Land Use 23 Permit, with or without conditions, or in the absence of such approval the Land Use Permit shall 24 be deemed approved as submitted. 25 26 Commentary on Administrative Requirements for Implementation: A corridor map requires a 27 comprehensive plan that designates future streets and linear transportation facilities. Therefore, 28 a comprehensive plan with specific recommendations on future streets and linear transportation 29 facilities should be considered a prerequisite. It requires coordination with the state 30 transportation department if it is to include state highways and other linear transportation 31 facilities. Procedures for adoption should generally follow minimum standards specified in the 32 Zoning Procedures Act, including general notice in a newspaper of general circulation and 33 holding a public hearing. Written notice to all owners of parcels of land involved in a future 34 transportation corridor is also advisable. 6-7 Corridor Map April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning 8 1 2 References: 3 4 American Planning Association. 1998. Growing Smart Legislative Guidebook: Model Statutes 5 for Planning and the Management of Change. Phases I and II Interim Edition. Chicago: 6 American Planning Association. 7 8 Bair, Frederick H. 1979. Planning Cities. Chicago: Planners Press. 9 10 General Planning Enabling Legislation, State of Georgia. 1970. General Planning Enabling Act 11 of 1957, including amendments through the 1970 General Assembly. Atlanta: Bureau of State 12 Planning and Community Affairs. 13 14 Ndubisi, Forster O. 1992. Planning Implementation Tools and Techniques: A Resource Book 15 for Local Governments. Athens, GA: Institute of Community and Area Development. 16 6-7 Corridor Map April 2002 Georgia Department of Community Affairs Model Code: Alternatives to Conventional Zoning