§ R. Low density quality residential development overlay district.

(1)

Purpose and intent. The purpose and intent of the low density quality residential development overlay district is to promote the highest and best quality residential development while protecting the health, safety and welfare of current and future residents of Paulding County by:

(a)

Setting high standards for quality residential design.

(b)

Incorporating attractive and functional open space in residential development.

(c)

Preserving natural resources and landscape features.

(d)

Encouraging a diversity of housing types that will accommodate persons of a variety of stages of life.

(e)

Improving traffic flow and traffic safety by providing a system of interconnected streets.

(2)

Boundaries.

(a)

Concept plan. The boundaries of the low density quality residential overlay district are determined by the Sweetwater Drainage Basin Boundary Map, which is hereby incorporated into and made part of this ordinance. Any parcel of land that is wholly or partly within the boundary shall be included.

(b)

Map amendments. No change in the boundary of the low density quality residential overlay district shall be authorized, except by the board of commissioners pursuant to procedures in Article XVI of the Paulding County Zoning Ordinance.

(3)

Effect of the low density quality residential overlay district provisions.

(a)

Application. The provisions of this section shall apply to all parcels of land, or portions thereof, within the boundaries of the low density quality residential overlay district that are now, or in the future, zoned R-2 with sewer (sewered suburban residential), R-5 (duplex district), R-7 (multi-family fee simple—non-rental—residential) PRD (planned residential development) and OSRD (open space residential development) in accordance with the Paulding County Zoning Ordinance, except for those subdivisions in which more than ten percent of the lots have been granted a building permit prior to the effective date of this section or if a final plat for a subdivision was recorded prior to the effective date of this section, the entire subdivision shall be exempt. Area/property additions to the current/proposed subdivision development would be subject to these overlay standards. This exception does not include prior approved zoning concept plans, grading plans, development plans, construction plans or preliminary plans.

(b)

Effect. This low density quality residential overlay district is supplemental to the underlying zoning district classifications established in the Paulding County Code of Ordinances located within this low density quality residential overlay district. These low density quality residential overlay district regulations shall be overlaid upon and shall be imposed in addition to said underlying zoning regulations, the Paulding County Subdivision Regulations and other applicable ordinances of Paulding County.

(c)

All plan reviews, road and utility projects, plat approvals, and permits for parcels meeting the standards of subsection R.(3)(a) and (b) shall meet all of the requirements of the base zoning district in which it is located and, in addition, shall meet the requirements of the low density quality residential overlay district applicable to the parcel as well as the low density quality residential overlay district design standards applicable thereto.

(d)

Relationship to underlying zoning district standards. In any case where the standards and requirements of the low density quality residential overlay district conflict with those of the base zoning district or other provisions of the Paulding County Code of Ordinances including, but not limited to, subdivision regulations, the standards and requirements of the low density quality residential overlay district shall govern.

(4)

Design guidelines.

(a)

The low density quality residential overlay district design guidelines are hereby adopted and made part of this ordinance and shall apply to property in the low density quality residential overlay district subject to subsection R.(3)(a), (b) and (c).

(b)

Within the designated properties in the low density quality residential overlay district, design and construction of new buildings that are not in substantial conformity with the low density quality residential overlay district guidelines is prohibited.

(c)

In cases of a conflict between the low density quality residential overlay district design guidelines and the text of this article, the text of this section shall govern. In cases of a conflict between the low density quality residential overlay district design guidelines and other ordinances and regulations of Paulding County, the applicable low density quality residential overlay district design guidelines shall govern.

(5)

Property development standards.

(a)

Permitted uses. This overlay district shall not affect the list of uses permitted by the underlying zoning district.

(b)

The maximum density of a PRD or OSRD within the low density quality residential overlay district is 2.6 dwelling units per acre.

(c)

Minimum lot sizes (PRD's only): 8,000 square feet for a maximum of 60 percent of the total number of lots, 10,000 square feet for 40 percent of the total number of lots. All lots less than 10,000 square feet must be interior lots and shall not be located along any perimeter boundary of the proposed development.

(d)

Open space. (PRD's only)

1.

Developments containing more than 50 lots shall set aside a minimum of ten percent of the total gross acreage of the site as permanently protected open space.

2.

Fifty percent of the required open space may include floodplain. Site areas used for amenities such as swimming pool, tennis courts, clubhouse and other similar facilities are encouraged, but may not be counted in the required open space.

3.

Open space areas shall be held in common ownership and shall conform to the requirements as follows:

a.

Each open space area must comprise an area of least 10,000 square feet with a minimum dimension of 15 feet of width or depth.

b.

At least one-half of required common open space shall be located in a contiguous area.

c.

No more than ten percent of required open space may be areas of impervious surface.

d.

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

e.

Within the required open space, provide a minimum 14-foot-wide easement dedicated to Paulding County in the approximate locations designated as Greenway Corridors. The easement shall be outside the required undisturbed stream buffer and shall be improved with a multi-use trail meeting the standards of subsection (7)(a) of this ordinance.

(e)

Dimensional standards for single-family, detached dwellings in PRD's and OSRD's.

1.

Front yard setbacks for single-family detached dwellings: Minimum 25 feet from right-of-way line.

2.

Building height: Maximum two stories above front yard grade.

3.

Minimum spacing between buildings: 15 feet.

4.

House sizes: PRD's - 80 persent of total dwellings must be 2,400 square feet or larger with a minimum heated area of 2,000 square feet.

5.

Minimum lot width: 70 feet (PRD's) 80 feet (OSRD's)

(f)

Building design. All dwelling units including attached that are subject to the low density quality residential overlay district shall be designed with traditional architectural design elements. Each dwelling unit that is part of a residential development subject to the low density quality residential overlay district must utilize at least six of the following architectural design features:

1.

Dormers.

2.

Bay or bow windows.

3.

Garage setback at least 20 feet behind the facade of the principal structure.

4.

Covered porch entry (covered front porch).

5.

Transoms and sidelights.

6.

Off-sets on building face or roof (minimum two feet).

7.

A roof with a pitch greater than 8:12 and a minimum overhang of 12 inches on all sides.

8.

Columns, pillars, or posts on facade.

9.

Shutters and other window decorations.

10.

Arched or Palladian windows.

11.

Hip and gable roof lines.

12.

Rock, brick, marble or other material as approved by the community development department.

(g)

Building materials. Dwellings constructed in each zoning district as established by subsection R, (3)a. shall be subject to the following requirements.

1.

Building materials for exterior walls are limited to the following: brick, stone, cement board siding, and glass (vinyl components - not horizontal siding) be permitted for aesthetic purposes with community development department approval.

2.

Building materials for roofs may be one of the following:

a.

Architecturally textured composition shingles.

b.

Slate shingles.

c.

Standing seam metal roof approved by the director of community development.

3.

Flat roofs (pitch less than 1:12) shall not be permitted on any building roof consisting of more than 200 square feet in area.

(h)

Site development standards.

(1)

Landscaping of lots.

a.

A minimum of 100 percent of the areas of front, side, and rear yards shall be grass sod; excluding natural and landscaped areas.

b.

A single species of trees may be used for no more than 25 percent of the total number of new trees planted in a development.

c.

Two trees must be planted in the front yard of each dwelling unit. (Existing trees may be considered adequate by the community development department.)

(2)

Buffers:

a.

A minimum 25-foot buffer must be provided along the perimeter of any subdivision development or else otherwise approved by the community development director for necessary intrusions such as required infrastructure, stormwater management and/or future street connectivity points. The buffer shall conform to requirements of article VI, section E. of the Paulding County Zoning Ordinance.

b.

A 20-foot wide, "no access" easement shall be required along the right-of-way of arterial and collector streets. The easement shall provide for utilities, slopes and drainage and shall be continuous except for the intersection with another public street. The "no access" easement shall contain a minimum ten feet deep landscape strip along the edge of the easement that is abutting residential lots. The landscape strip shall be continuous except for 35-foot wide clear zones adjacent to the right-of-way of each intersecting street in order to maintain visibility at intersections.

(3)

Environmental standards.

a.

Retain natural vegetation and topography to the maximum extent feasible.

b.

Maximum of 40 contiguous acres may be mass graded in any single phase.

(4)

Sidewalks. A minimum four-foot wide sidewalk is required on both sides of all local streets.

(5)

Landscape strips.

a.

A minimum two-foot wide landscape strip is required adjacent to the curb on both sides of local streets.

b.

Landscape strips along local streets shall be planted with sod and may include a variety of low, hardy shrubbery and flowering plants with mulched beds. Areas of exposed earth shall not be allowed. Landscaping shall be approved by the community development department.

(i)

All landscape materials required by this ordinance shall be maintained by the property owner or property owners' association. Such maintenance shall keep landscape materials healthy, neat, and orderly in appearance and free of litter and debris.

(6)

Program for unified ownership and control.

(a)

A development within the low density quality residential overlay district shall provide evidence of the unified control of the entire project. During the development process, more than one builder may participate in the development of the approved plan so long as each parcel of land remains subject to all of the terms and conditions of the plat approved by Paulding County for the property as a whole.

(b)

Legal instrument for permanent protection of common areas and open space.

1.

The common areas and open space shall be protected in perpetuity from further development by a binding legal instrument that is recorded with the deed. If the common areas are to be controlled by an association of property owners, then membership in such association shall be mandatory for all property owners within the project.

2.

The instrument protecting the common areas from further development shall be one of the following:

a.

A permanent conservation easement (excluding recreation areas and amenities) in favor of either:

(i)

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

(ii)

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

b.

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

c.

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

3.

The instrument for permanent protection shall incorporate restrictions on the use of the open space contained in this article, as well as any further restrictions, as approved by the Paulding County Board of Commissioners.

(7)

Public improvements standards.

(a)

Multi-use trail. Multi-use trails shall be incorporated within the overall development to provide connectivity to amenities, open space areas and other adjacent developments. The trails are also intended for recreation use. Trails may be located in floodplain areas.

1.

Maximum grade of six percent.

2.

Minimum right-of-way width: 14 feet.

3.

Minimum paved width of travel way: Ten feet (travel way may be constructed with organic pervious material with community development department approval.)

4.

Shoulder width variable, based on topography.

5.

Five-feet flare at street intersections, with ramp to street and bollards spaced seven ft. apart to block motorized traffic, except golf carts.

(b)

Street network standards.

1.

An interconnected grid pattern is encouraged.

2.

If a tract of land in the low density quality residential overlay district abuts another undeveloped parcel along a common boundary of 600 feet or more (other than where the common property line falls along a stream) then the PRD parcel shall provide a minimum 50 feet wide right-of-way for a future street connection for every 600 feet of the common boundary.

3.

If a new residential development is proposed, it shall incorporate and continue all stub streets or future street connections provided on abutting residential properties.

(c)

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

(8)

Procedures.

(a)

Traffic study. A traffic impact study is required for developments with more than 200 dwelling units.

(b)

Review of building plans. Prior to issuance of a building permit for any occupied structure to be located within a development that is subject to this section, the builder shall provide architectural plans and elevations at a scale no smaller than one-eighth inch = one foot that demonstrate compliance with the requirements of this article. The director shall have the authority to review and approve building plans for conformity with the requirements of this section and the low density quality residential overlay district design guidelines, building codes, and other requirements of the Paulding County Development Code of Regulations.

(9)

Exceptions.

(a)

Residential developments of three lots or less are not subject to the low density quality residential overlay district.

(10)

Effective date. This section shall become effective upon the date of its adoption by the Paulding County Board of Commissioners.

Note— Reserved. This portion of the low density quality residential overlay district is reserved for photographic and/or other visual aids or schematics, which are intended to demonstrate overlay designs and standards.

(Ord. of 10-25-2016)