Marietta › Zoning Ordinance
Division 708.09 — PRD (SF), Planned Residential Development
§ 708.09
PRD (SF), Planned Residential Development
A.Purpose and Intent.
The PRD (SF) district is intended to allow flexible site planning and building arrangements under a unified plan of development so that innovative land planning methods may be utilized which foster natural resource conservation and neighborhood cohesiveness as well as neo-traditional developments. This may permit buildings to be clustered or arranged in an unconventional manner to maximize open space, create a pedestrian scale and other public benefits. Buildings must be designed and constructed so as to meet the definition of Four-Sided Architecture, as defined in Section 724.02.
In this district smaller lots than might otherwise be permitted under traditional zoning districts may be allowed; however, the purpose is not merely to allow smaller lots or reduce development requirements but to achieve other goals including the protection of sensitive environmental, historic, or aesthetic resources as well as the provision of site amenities such as parks, open space, walking trails, etc. The PRD district is not intended to encourage greater density of development, but rather to encourage ingenuity and resourcefulness in land planning techniques which result in quality residential patterns that conserve and create open space, reduce vehicle trips and provide stable developments which enhance the surrounding area.
B.Permitted Uses.
1.Single family detached dwellings and single family attached dwellings, provided:
a)A mandatory homeowners association shall be created that will be responsible for the upkeep and maintenance of all front yards and common areas including all fencing, landscaping, amenities and buffers, and shall include architectural control oversights for the development.
b)“Four-sided architecture” is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units. Materials to be used on exterior facades of all buildings shall include brick, stone, stucco (not EFS type) or fiber-cement siding, or combinations of those materials. No vinyl, aluminum or metallic siding may be used.
c)The houses and/or townhouses shall be “for sale” only, and no more than five percent (5%) of all the units within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the covenants to ensure enforcement. In addition, the homeowner’s association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner’s association shall enforce this regulation to ensure compliance with city ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner’s association to require and achieve compliance may result in a penalty by the City of Marietta against the homeowner’s association in the amount of $500.00.
d)All houses and/or townhouses shall have two-car garages, and the parking pads/driveway in front of the garage shall be a minimum of 20 feet in length (measured from the back of sidewalk or back of curb when there is no sidewalk) in order to accommodate two additional cars. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space. A recital of this requirement shall be contained within the covenants to ensure enforcement.
e)A guest parking area shall be provided at a ratio of 0.2 spaces per dwelling unit.
f)The development shall comply with all recommendations from the City of Marietta Public Works Department with respect to hydrology, stormwater management, downstream considerations and any donation and/or conveyance of right-of-way that is deemed necessary.
g)A 150-foot acceleration lane and a 150-foot deceleration lane with appropriate tapers shall be constructed, if required by the Public Works Department.
h)A recreation area shall be provided at a ratio of 1 acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area shall be developed with at least one passive recreational feature, such as a pavilion, gazebo or picnic area, and at least one active recreational feature, such as a walking trail, swimming pool, playground or tennis courts. Active recreational areas must be outside of any floodplain area and located in such a manner that at least 75% of the units are within 300 feet, as measured from the building footprints. Any recreation area, whether passive or active, must be located in an area with a slope of less than 15%; however, all recreation areas must meet ADA requirements for accessibility. Active recreational areas must be improved through the use of terracing or other techniques to provide a usable area, such that at least 25% of the entire recreational area shall have a slope of no greater than 3%.
3.Group homes consisting of 3 or fewer individuals, exclusive of resident staff (see standards set forth in Section 712.02).
4.Accessory uses and structures incidental to any permitted use.
C.Temporary/Conditional Uses Allowed by Director.
1.Limited Home Occupations (see standards set forth in Section 712.04).
2.Garage Sales, provided:
a)Limited to 3 consecutive days and one event every 3 months.
b)No consignment goods may be offered for sale,
c)Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.,
d)One sign per property frontage is allowed, maximum 6 square feet in size.
3.Mobile Retail Food Establishment shall be allowed on property zoned PRD-SF according to the restrictions listed below:
a)Written permission of the property owner is obtained.
b)Such use does not last longer than one day and no more than 3 days annually.
c)These uses are not located within any public right-of-way or City owned property, unless otherwise authorized by the City.
d)Adequate paved parking, ingress and egress are provided on site.
e)A temporary use permit is applied for and approved by the Director of the Department of Development Services.
f)The Board of Zoning Appeals shall not issue and are not granted the authority to issue variances to any of the regulations relating to Mobile Retail Establishments; all such variance requests must be submitted to City Council. Variances for mobile food establishments shall be considered according to the criteria defined under §712.01 (E).
D.Special Uses Permitted by Board of Zoning Appeals.
Not applicable in this district.
E.Special Uses Permitted by City Council
1.Places of assembly, private parks and playgrounds, and neighborhood recreation centers or swimming pools not originally included and approved as part of a general plan or detailed plan associated with a rezoning, provided:
a)Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)Any building or structure established in connection with such use must be setback no less than 75 feet from any property line.
c)All pools must adhere to the standards of the Standard Swimming Pool Code, as amended.
2.Home occupations – Type B (see standards set forth in Section 712.04).
3.Party Houses
4.Group homes consisting of four (4) or more individuals (see standards set forth in Section 712.02).
F.Accessory Structures.
1.All such structures shall be located upon the same lot and to the side or rear of the principal use at least 10 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.No accessory building shall be constructed upon a lot before the principal building.
4.No accessory structure may exceed the height of the principal building.
5.The area of the accessory building’s footprint may not exceed 50% that of the principal structure.
6.Accessory structures utilizing canvas coverings, tarpaulins, sails, tents, or other nondurable materials, are considered temporary and are not permitted for long term use, as they do not meet the minimum requirements of the building code for an accessory structure. Such temporary accessory structures may only be utilized for a period not lasting longer than 14 days consecutively and 42 days annually.
G.Use Limitations.
1.No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.
2.All outside storage associated with non-residential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence no less than six feet in height.
The Director may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
3.A satellite dish with a diameter of 24 inches and under may be attached to the side or rear of the principal structure and encroach 3 feet into the required setback. Larger satellite dishes shall be considered accessory structures (and therefore subject to the standards for same) that must be screened by fencing or vegetation in such a manner that they may not be seen from the public right-of-way. Installation of more than one satellite dish per structure requires prior approval from Planning and Zoning staff.
4.Each dwelling unit may contain a maximum of four domesticated animals weighing 3 lb. or more.
This standard shall not apply to animals less than six months of age. No livestock are permitted.
H.Bulk and Area Regulations.
All PRD districts shall meet the following general development standards:
Minimum Tract Size: 3 acres Minimum Lot Size: 4,000 sq. ft. – detached units only Minimum Floor Area: 1,400 sq. ft.
Maximum Impervious Surface: 65% Minimum Open Space: 25%
I.Landscape and Buffer Requirements.
Not applicable in this district.
J.Procedure for Establishment of Planned Development District.
1.GENERAL PLAN FILED. The owner or owners of the entire tract of land proposed to be included in the planned development districts shall file a general plan with a request for a change in zoning with the Planning Commission for consideration and referral to the City Council for recommendation. Said plan shall be submitted electronically to City staff in a digital format which meets or exceeds City standards and shall contain such information and representations required or deemed necessary by the City Council, Planning Commission and Public Works Director to permit proper review. Such information and representations must include, but is not limited to, the following:
a)A statement describing why standard zoning districts are insufficient and how the proposed development conforms to those parameters and ideals set forth in the “Intent and Purpose”
element of this district.
b)The general method of development and operation of the proposed general plan.
c)The boundaries of the tract of land included in the general plan, the computed area and the legal description thereof, the topography and other salient features of the tract by reference to a plat of survey prepared by a licensed land surveyor.
d)The location and extent of existing and proposed public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
e)The location and type of existing buildings and structures proposed to be retained or removed by reference to a plan or drawing.
f)The general location of proposed buildings by reference to a plan or drawing and an indication of the use to be made of each building.
g)Dwelling unit density as defined in Section 724.02.
h)Minimum standards for lot development including setbacks, distances between buildings and house sizes.
i)Architectural, facade or material requirements.
j)The maximum floor area designated for each use.
k)The percentage of development maintained as open space and/or recreation areas and impervious surfaces.
l)Preliminary tree protection plan and screening standards.
m)Public transportation facilities or provisions (if any).
2.PLAN REVIEWED. Said plan shall be reviewed by the Planning Commission and a determination made as to whether the proposed plan is consistent with the intent and standards of this district and whether the development of the tract serves the public welfare. Such determination shall be made after an analysis prepared by the Department of Development Services. Said analysis shall include, but is not limited to, the availability of public access and utilities to the tract, neighboring property uses, and the effect on the efficient delivery of city services. A recommendation by the Planning Commission relating to the proposed plan shall be transmitted to the City Council.
3.COUNCIL APPROVAL. The City Council, upon receiving the recommendation of the Planning Commission relating to a planned development proposal, shall proceed in accordance with the requirements of law to consider amendment of the zoning map. In the event the City Council approves the general plan and changes the zoning by passing the required amendments to the zoning map, the requirements of the plan shall constitute the zoning regulations for the district and the zoning maps shall be amended.
4.DETAILED PLAN FILED. Prior to the installation of subdivision improvements, a detailed plan shall be reviewed and approved by the Mayor and Council. Detailed plans shall follow the procedures described in Section 728.04, Preliminary plat and detailed plan application procedures. If approved, site development shall not be permitted in any segment of said tract until site development plans for the proposed improvements, prepared in accordance with Division 728.06, have been approved by City staff. The detailed plan shall include, but is not limited to, the following:
a)The location and extent of public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.
b)Minimum standards for lot development.
c)Open space and recreation area provisions (active and passive).
d)Data requirements listed in Section 728.05.
e)Detailed landscaping plan.
f)Detailed architectural elevations of the proposed buildings. Buildings must be designed and constructed so as to meet the definition of Four-Sided Architecture, as defined in Section 724.02.
5.PLAN AMENDMENTS. Pursuant to the same procedures and subject to the same limitations by which plans were approved and amendments to the Official Zoning Map adopted, such plans may be amended in whole or in part. Minor changes in use and intensity of use may not require an amendment to the general plan and may be submitted for approval in conjunction with the detailed plan.
(Ord. No. 5903, 10/14/98, Sec. 1; Ord. No. 6051, 10/13/99, Sec. 1)