Paulding County › Unified Development Ordinance

Title 2 — Zoning Ordinance, Chapter 220 — Overlay Districts.

current as of 2026-04-14verified current · checked 2026-08-24Officialofficial source ↗7 sections · full chapter

§ 220-10

Interpretation and Applicability of Overlay Districts

220-10.01 Purpose and Intent.

A.This Chapter establishes standards that apply to the development, use or alteration of land, buildings and structures within the boundaries of an Overlay District.

B.The Overlay Districts in Chapter 220 contain development procedures and standards that are supplemental to the zoning district classifications established in Chapter 210, Base Districts, and the provisions of Chapter 270, Planning Commission, of the UDO. All development and building permits for lots located within an Overlay District contained in this Chapter shall meet all of the requirements of the Base District in which it is located, all conditions of rezoning, special use permit or land use permit approvals and, in addition, shall meet the requirements of the Overlay District applicable to the lot.

220-10.02 Applicability.

A.The procedures and standards contained in the Overlay Districts in this Chapter apply to each application for a permit for the development, use, alteration or modification of any structure where the subject property lies within the boundaries of an Overlay District as established by the Board of Commissioners and recorded on the Paulding County Official Zoning Map, as may be amended from time to time.

B.The procedures and standards of Overlay Districts apply only to property within the boundaries of an Overlay District as established by the Board of Commissioners.

C.In any case where the standards and requirements of an Overlay District in this Chapter conflict with those of the Base District, the standards and requirements of the Overlay District shall govern.

D.In any case where the conditions of approval for rezoning, special use permit or land use permit approved by the Board of Commissioners conflict with the provisions of an overlay district, the conditions shall take precedence.

220-10.03 Map Amendments.

No change in the boundary of an Overlay District shall be authorized, except by the Paulding County Board of Commissioners pursuant to procedures in Chapter 270.

§ 220-20

Corridor Overlay District

220-20.01 Purpose and Intent.

The Corridor Overlay District is intended to establish standards for the design of sites, buildings, structures, plantings, signs, street hardware and such other improvements that are visible to the public and affect the physical development of land within certain designated transportation corridors.

These standards are intended to promote high quality creative development that will combine imagination, innovation and variety in the appearance of buildings and sites in the overlay zone. These standards are further intended to preserve and enhance property values and to promote the public health, safety and welfare by providing for consistent, and coordinated treatment of the property encompassed by the selected transportation corridors.

The following standards shall be considered in evaluating projects proposed within the Corridor Overlay District.

A.All structures will be evaluated on the overall appearance of the project and shall be based on the quality of its design and its relationship to the surrounding area.

B.The quality of design goes beyond the materials of construction to include scale, mass, color, proportion, and compatibility with adjoining developments.

C.Colors shall be harmonious and only the use of compatible accents shall be permitted.

D.Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another.

E.Any design in which the structure frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

F.Monotony of design in single or multiple building projects shall be avoided.

Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.

220-20.02 Boundaries.

The boundaries of the roadways set forth are located on either side of the centerline of the roadway and incorporate any parcel of land with right-of-way frontage on or that is visible from the highway corridor. The transportation corridors subject to these provisions are as follows:

A.State Route 101 and State Route 113

B.State Route 120 a/k/a Buchanan Highway

C.State Route 120 f/k/a Marietta Highway a/k/a Charles Hardy Parkway

D.State Route 120 Connector a/k/a Scoggins Road and Hiram-Sudie Road

E.US Highway 278 a/ka/a Wendy Bagwell Parkway and Rockmart Highway (Ord.

25-04, 5/13/25)

F.State Route 61 a/k/a Cartersville Highway and Villa Rica Highway

G.State Route 92 a/k/a Hiram-Douglasville Highway, Hiram-Acworth Highway and Dallas-Acworth Highway

H.Bill Carruth Parkway

I.Business Route SR 6 a/k/a Atlanta Highway

J.Macland Road, including portions designated as State Route 360

K.Dallas-Acworth Highway f/k/a State Route 381

L.Ridge Road

M.Airport Parkway

N.Cedarcrest Road

O.East Paulding Drive

P.Seven Hills Boulevard

Q.Seven Hills Connector

R.Bakers Bridge Road (Ord. 25-04, 5/13/25)

S.Brownsville Road (Ord. 25-04, 5/13/25)

T.Dabbs Bridge Road (Ord. 25-04, 5/13/25)

U.Dallas Nebo Road (Ord. 25-04, 5/13/25)

V.Gold Mine Road (Ord. 25-04, 5/13/25)

W.Gulledge Road (Ord. 25-04, 5/13/25)

X.Harmony Grove Church Road (Ord. 25-04, 5/13/25)

Y.Harmony Grove Extension (Ord. 25-04, 5/13/25)

Z.Mulberry Rock Road (Ord. 25-04, 5/13/25)

AA. Old Cartersville Road (Ord. 25-04, 5/13/25)

BB. Pine Valley Road (Ord. 25-04, 5/13/25)

CC. Sweetwater Church Road (Ord. 25-04, 5/13/25)

For the purposes of this ordinance herein, these roadways and areas shall be collectively set forth as the “transportation corridors” in all definitions and sections herein below.

220-20.03 Community Development Department Approval.

Approval by the Community Development Department shall be required for any proposed or revised development plan and/or structure or structural alteration in the Corridor Overlay District. Community Development Department approval of the architectural design, landscaping, sewerage, drainage, parking, signage, lighting and access to any properties located in the transportation corridors shall be necessary prior to:

A.The issuance of any land disturbance permit;

B.The issuance of a building permit for the erection, construction or structural alteration of any building(s); or

C.Modification or revision of any site development plan or architectural plan Access to the property and sewage service shall also require approval from the appropriate department or agency including the Paulding County Department of Transportation, Paulding County Water System, the Georgia Department of Transportation and the Georgia Department of Environmental Health.

220-20.04 Review Standards.

The Community Development Department, in reviewing applications, shall examine factors concerning the site, site plan, and the surrounding area, which include but are not limited to the following items:

A.Topography;

B.Zoning on site;

C.Surrounding zoning and existing land use;

D.Streets, curbs, gutters, and sidewalks;

E.Access to public streets;

F.Driveway and curb cut locations in relation to other sites;

G.General vehicular and pedestrian traffic;

H.Internal site circulation including connectivity with adjoining parcels and developments;

I.Special and general easements for public or private use;

J.On-site and off-site surface and subsurface storm and water drainage;

K.On-site and off-site utilities;

L.The means and impact of sanitary sewage disposal and water supply technique;

M.Dedication of Paulding County approved streets and right-of-way;

N.Protective restrictions or covenants and/or recorded commitments;

O.Outdoor storage areas;

P.Provisions for adequate and acceptable setbacks, lighting, signage, screening, landscaping, and compatibility with existing platted residential use; and

Q.Effects the proposed project may have on the entire Corridor Overlay District.

220-20.05 Building Design.

A.Architectural Design Requirements / Non – Residential

1.Exterior metal walls shall be prohibited on all buildings erected, constructed, altered, repaired or used in this Overlay Zone, which abut, are adjacent to or are visible to the transportation corridors.

2.Building façades, including all building sides which are visible from a transportation corridor, may be constructed from masonry or glass, as defined below, or other materials or products which provide the same desired stability and quality. Products other than those listed below must be approved by the Community Development Department.

(a)Masonry Construction: Construction that is composed of solid, faced, or veneered-wall construction with standard brick size (excluding masonry boards and cinder blocks, unless otherwise approved by the Community Development Department.

i.Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble, or other hard or durable all weather stone. Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.

ii.Brick material used for masonry construction shall be composed of hard fired (Kiln-fired) all weather standard size brick or other all-weather facing brick.

(b)Glass Walls: Including glass curtain walls or glass block construction.

Glass curtain wall are defined as an exterior wall which carries no floor or roof loads, and which may consist of a combination of metal, glass and other surfacing materials supported in a metal framework.

(c)Wood Construction.

3.The materials and finishes of exposed roofs shall compliment those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from ground level of the corridor or any adjacent public thoroughfare or residentially zoned or used area.

4.Roof mounted equipment on exposed roofs shall be screened from view.

The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.

5.All building mechanical and electrical equipment located adjacent to the building and visible from a public thoroughfare or a residentially zoned or used area shall be screened from view. Such screens and enclosures shall be treated as an integral element of the building’s appearance.

6.The exposed walls and roofs of buildings shall be maintained in a clean, orderly, and attractive condition; free of cracks, dents, punctures, breakage, and other forms of visible marring. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished, repainted or replaced.

7.Refuse and waste removal areas, loading berths, service yards, storage yards, and exterior work areas shall be screened from view from public ways.

B.Relationship of Buildings to Site

1.The site shall be planned to accomplish a desirable transition with the streetscape and provide for adequate planting, safe pedestrian movement, and parking area.

2.Site planning in which setbacks and yards are in excess zoning restrictions is encouraged to provide an interesting relationship between buildings.

3.Parking areas shall be treated with decorative elements, buildings wall extensions, plantings, berms, or other innovative means so as to attractively landscape and/or screen parking areas from view public ways.

4.Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.

5.Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.

6.Buildings shall be required to face and have its main entrance located on the side of the building which faces a public street.

a.In cases where such structures face more than one public street and the streets are of different classifications in the Paulding County Comprehensive Transportation Plan, the building shall face the street which is of the highest use classification. Main entrances may also be located on the corner of a building which faces two public streets.

b.No loading docks, overhead service doors, trash collection bins, or accessory structures may be placed on, or adjacent to any façade which faces a public street. (Ord 25-04, 5/13/25)

C.Minimum Building Height. All uses shall have a minimum building height of 14 feet with a minimum of 12 feet to the lowest eaves for a building with a gable, hip, or gambrel roof.

220-20.06 Landscaping.

A landscaping plan shall be submitted to the Community Development Department for their approval at the same time other plans (i.e. architectural design, lighting, parking, signage, and site plans) are submitted to Paulding County Plan Review.

This plan shall be drawn to scale, including dimensions and distance, shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, driveways, signs, lighting standards, steps and other similar structures; and shall delineate the location, size, and description of all landscape materials. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire lot. Additional information may be requested by the Community Development Department for the filing of landscaping plans.

A.Areas to be Landscaped:

1.Greenbelt.

(a)Non-Residential. The Greenbelt (located on the front-side of buildings)

shall be suitably landscaped and shall be otherwise unoccupied except for steps, walks, terraces, driveways, lighting standards, and other similar structures, but excluding private parking areas. The greenbelt shall be a minimum of ten feet wide. Mounding and other innovative treatments are to be especially encouraged in this area.

(b)Residential. The Greenbelt shall include a 20-foot landscaped strip along the site’s frontage along the corridor and other public roads excluding curb-cut right-of-way(s). Landscaping shall include evergreen trees, other acceptable vegetative material, berms, or a combination thereof.

2.Peripheral Planting. There shall be peripheral landscaping strip, four feet in depth, located along the side of any private parking area which abuts any front, side or rear property line.

3.Planting with in Parking Lots. All parking lot landscaping shall be a quality to improve and enhance the site and its surrounding area. Effective use of mounding and existing topography is encouraged. Landscaping and planting areas shall be reasonably dispersed throughout the parking area, and not less than 5% of a private parking lot shall be landscaped. (For purposes of this computation, landscaping in:

(a)The Greenbelt; (adjacent to buildings;) and

(b)On the periphery of the lot shall not be included.) Landscaping shall be specifically provided at the ends of parking rows and as a means of separating parking from major circulation isles within lots.

B.Landscaping Standards

1.The interior dimensions, specifications and design of any planting area or planting medium proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth.

2.Primary landscaping materials used in the Greenbelt and adjacent to buildings shall consist of one or a combination of the following: shade trees, ornamental trees, shrubs, ground covers, grass, mulches, etc.

3.The primary landscaping materials used in and around private parking areas shall be trees, which provide shade at maturity. Shrubbery, hedges, and other planting material may be used to compliment tree landscaping, but shall not be the sole contribution to the landscaping.

4.All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight feet in overall height and have a minimum trunk diameter, 12 inches above the ground of two inches upon planting.

They should be of a variety which will attain an average mature spread greater than 20 feet. The types of trees shall be those specified in the Section 240-140.03.L of the UDO.

5.Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate existing trees should be conserved and integrated into the landscaping plan. Plant material shall be selected for interest in its structure, texture, color and for its ultimate growth. Indigenous and other hardy plants that are harmonious to the design, and of good appearance shall be used.

6.The landscaping plan shall ensure that sight distances are not obstructed for drivers of motor vehicles.

7.Where natural or existing topography patterns contribute to beauty and utility of a development, they shall be preserved and developed.

Modification to topography shall be permitted where it contributes to good appearance.

8.Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.

9.Landscape treatment shall be provided to enhance architectural features, strengthening vistas and important axis, and provide shade. Spectacular effects shall be reserved for special locations only.

10.Unity of designs shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.

11.In locations where plants will be susceptible to injury by pedestrians or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices.

12.Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged.

13.Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be equally effective in winter and summer.

14.In areas where general planting will not prosper, other structures such as fences or walls or other materials such as pavers of wood, brick, stone, gravel, and cobbles shall be used. Carefully selected plants shall be combined with such structures or materials where possible.

15.Miscellaneous structures and street hardware shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be good, colors shall be in harmony with buildings and surroundings, and proportions shall be attractive.

16.Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings and signs.

C.Landscaping Installation and Maintenance.

1.Installation. All landscaping required by the approved landscaping plan shall be installed prior to the issuance of a building certificate of occupancy permit if said permit is issued during a planting season, or within six months of the date an occupancy permit is issued during a non-planting season. If not planted, a bond shall be required for plantings for a period of 1 year from date of certificate of occupancy.

2.Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this Ordinance and as indicated on the landscaping plan, which has been approved by the Community Development Department.

This is to include, but not limited to, replaced dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.

3.Changes after Approval. No landscaping which has been approved by the Community Development Department may later be altered, eliminated, or sacrificed, without first obtaining further approval from the Community Development Department.

4.Inspection. The Community Development Department shall have the authority to visit any lot within the Corridor Overlay District to inspect the landscaping and check it against the approved plan on file.

220-20.07 Sidewalks.

The installation of sidewalks and crosswalks in all developments, residential and commercial, shall be required for developments subject to this ordinance. The sidewalks shall be constructed of concrete and shall be subject to review and approval by the Department of Transportation staff as to size, location, design and materials during the plan review process.

220-20.08 Parking.

Efforts to break up large expanse of pavement are to be encouraged by the interspersing of appropriate planting areas wherever possible. The number of parking spaces required is established in Chapter 260 of the UDO, depending upon the zoning and the intended land use. Alternatives to the established parking requirements may be granted to developments which have a mixture of uses whose peak parking requirements do not coincide in time and thereby may share parking spaces. The applicant shall provide expertly prepared justification for seeking such exception (i.e., a reference such as “shared parking,” Urban Land Institute). There shall be an appropriate number of parking spaces, accessible to the building(s) and identification as reserved for use by handicapped individuals, and these spaces shall be of sufficient width to accommodate their needs. All Parking standards shall comply with Chapter 260 of the UDO.

220-20.09 Lighting.

In reviewing the lighting plan for a lot proposed to be developed in the Corridor Overlay District, factors to be considered by the Community Development Department shall include but are not limited to:

A.Safety provided by the lighting;

B.Security provided by the lighting;

C.Possible light spillage or glare onto adjoining properties or streets. (Down-shielding is encouraged and spillage or glare onto adjoining properties is prohibited);

D.Attractiveness of the lighting standards and their compatibility with the overall treatment of the property;

E.Height and placement of lighting standards considering the use (maximum height of 30 feet); and

F.Exterior lighting, when used, shall enhance the building and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided.

220-20.10 Access to Individual Sites.

A.The transportation corridors by their functional nature as primary thoroughfares, must have reasonable restrictions as to the number and location of access points within the overlay zones.

B.All roadways listed as transportation corridors represent major thoroughfares, which must be controlled as to the number of access points (curb cuts) permitted.

C.Therefore, in order to provide safe and sufficient traffic movement to and from adjacent lands and to protect the functional integrity of the corridors primary thoroughfares, in many cases frontage roads, access roads, and distributors roads, will have to be built. Such roads shall be coordinated with those of continuous lots and designed to preserve the aesthetic benefits provided by the greenbelt areas. Access at the side or rear of buildings is encouraged. New access points onto the primary thoroughfares in the corridor shall be coordinated with existing access points whenever possible. The following curb cut policy shall apply throughout all corridors:

D.Access to proposed developments shall be provided per Georgia Department of Transportation and/or Paulding County Department of Transportation access management standards, policies, guidelines and regulations.

220-20.11 Access to Potential Development Sites.

Stub streets shall be built in all cases where adjacent lots have reasonable potential for development. Reasonable potential shall include any adjacent parcel of adequate size for commercial or residential development or any adjacent parcel so determined by the Community Development Department in association with the Paulding County Department of Transportation.

220-20.12 Other Standards.

A.Outside Storage Prohibited. No outside display of merchandise shall be permitted on any lot for more than a 24-hour period. All refuse shall be contained completely within the principle or accessory building(s). Exceptions to this requirement will be made on a case-by-case basis by the Board of Zoning Appeals using the variance procedure outlined in Chapter 280 of the UDO. (Ord. 25-04, 5/13/25)

B.Loading Berth Requirements. Loading berth requirements shall be as specified in the underlying zone district(s), except that any loading or unloading berth or bay shall be screened from view beyond the site by landscaping or other screening.

C.Accessory Structures and Uses. All accessory structures and uses which are permitted in the underlying zoning district(s) shall be permitted within the Corridor Overlay District, except that any detached accessory building on any lot shall be designed to be architecturally designed and constructed with the same material as the principle building as to be compatible with the principle building which it is associated. All accessory building shall have a roof. No accessory structure may be placed on, or adjacent to any façade which faces a public street. (Ord. 25-04, 5/13/25)

D.Paving Requirements. All parking areas shall be finished with a hard surface such as asphalt, concrete or other materials approved by the Community Development Department.

E.All utilities including but not limited to electric, cable, and phone services shall be underground unless otherwise approved by the Community Development Department after written submittal providing justification for overhead utility services.

F.Temporary or Seasonal Sales. Temporary or seasonal sales are allowed along the highway corridor on a case-by-case basis for a maximum of four times per year. Requests for approval shall follow the requirements set forth in Chapter 270.

Title 2: Chapter 220 165

§ 220-30

Airport Hazard Overlay District

220-30.01 Purpose and Intent.

The Airport Hazard Overlay District is intended to reduce potential for airport hazards, based on the following findings:

A.An airport hazard endangers the lives and property of users of land fields and property or occupants in the vicinity of landing fields within Paulding County.

B.An airport hazard of the obstructive nature in effect reduces the size of the area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of an airport and the public investment therein.

C.The creation or establishment of an airport hazard is a public nuisance and detrimental to the region served by the airport affected.

D.It is necessary to prevent the creation or establishment of airport hazards in order to protect the public health, safety, and general welfare, and to promote the most appropriate use of land.

In order to carry out the purpose and intent of the Airport Hazard Overlay District, the following development standards shall apply to the described conical areas, approach areas and accident potential zones indicated on the official Paulding County Official Zoning Map. The following subsections provide additional specific detail concerning safe airport operations and use of surrounding properties.

220-30.02 Applicability.

The Paulding County Airport Overlay District applies to the Paulding County Airport in Paulding County, Georgia.

220-30.03 Airspace and Accident Potential Areas.

In order to carry out the purpose and intent of the Airport Hazard Overlay District as set forth above, and to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from airports within Paulding County, the following air space and land use safety areas are established.

A.Conical Area (CA): The conical area is all that land which lies directly under an imaginary three-dimensional surface (the conical surface) extending outward from the primary surface at an elevation of 35 feet above the elevation of the centerline of the runway for a distance of 3,500 feet. The conical surface continues upward and outward at a slope of one vertical foot for every 100 horizontal feet for a horizontal distance of 30,000 feet as measured radially outward from the edge of the primary surface.

B.Approach Area (AA): The approach area is all that land which lies directly under an imaginary trapezoid-shaped approach surface longitudinally centered on the extended centerline at each end of a runway. The inner edge of the approach surface is the same width and elevation as the end of the primary surface. The approach area extends outward from the ends of the primary surface a minimum of 10,000 feet. For those runways 10,000 feet or less in length the approach area expands uniformly to a width of:

1.4,000 feet for existing or planned precision instrument runways or non-precision instrument runways having visibility minimums as low as ¾ of a statute mile.

2.3,500 feet for existing or planned non-precision instrument runways having visibility minimums greater than ¾ of a statute mile.

3.2,500 feet for existing or planned visual runways other than utility.

4.2,250 feet for existing or planned visual utility runways.

C.Accident Potential Zone A (APZ-“A”): Accident Potential Zone “A” is all land in that portion of the approach area of the runway as defined hereinabove which extends outward from the end of the primary surface a distance equal to ⅓ of the existing or planned length of the runway.

D.Accident Potential Zone B (APZ-“B”): Accident Potential Zone “B” is all land in that portion of the approach area of a runway as defined hereinabove which extends outward from Accident Potential Zone “A” a distance equal to ⅔ of the existing or planned length of the runway.

E.Substantial Noise Impact Areas (DNL-65): Substantial Noise Impact Areas are defined as those areas where it has been determined that existing or potential noise levels exceed 65 DNL (Day-Night Average Sound Level). The official Paulding County Official Zoning Map shall show where substantial noise impact areas occur or are anticipated and shall be amended when conditions change or as new information becomes available.

220-30.04 General Use Restrictions.

A.No use shall be made of any land in the Conical Area defined hereinabove that would cause any one of the following circumstances:

1.The use creates or causes interference with the operations of radio or electronic facilities at the airport or with radio or electronic communications between airport and aircraft.

2.The use makes it difficult for pilots to distinguish between airport lights and other lights.

3.The use results in glare in the eyes of pilots using the airports.

4.The use impairs visibility in the vicinity of the airport.

5.The use endangers the landing, taking off, or maneuvering of aircraft.

6.The use creates a bird attractant that, in the opinion of the airport, could interfere with aircraft operations.

B.The following restrictions also apply:

1.Paulding County Airport: Prior to development or issuance of a building permit in any of the airspace and/or Accident Potential Zones defined herein, the awarding of an aviation easement by the property owner(s) to the appropriate airport(s) shall be required and recorded with the Paulding County Clerk of Court’s Office.

2.In all cases, the filing of an FAA Form 7460-1 with the FAA Southeast Region may also be required by the airport(s), based on the overall height, location, and/or nature of the proposed construction as directed by CFR Part 77.13.

220-30.05 Height Restrictions.

A.Structures or vegetation may not be constructed, altered, maintained, or allowed to grow in any air space area as described hereinabove so as to project above the conical surface. The following items are exempt from this provision.

1.Any structure or object that would be shielded by existing permanent structures or by natural terrain or topographic features of equal or greater height.

2.Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration, or an appropriate military service at military airports, with a fixed location and height.

3.Incinerator(s) and/or associated structure(s) owned and/or operated by a municipal corporation or political subdivision, either individually or jointly.

4.Structures necessary and incidental to airport operations.

B.Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. No structure shall be erected so high as to increase the Federal Aviation Administration landing and/or approach and/or departure minimums for aircraft using the runways of the affected airports, unless the airport operator approves of such action.

220-30.06 Administrative Height Exception.

The Director of the Paulding County Airport may administratively grant height exceptions after review of a proposal in which it is determined that the structure will not exceed specifications identified in the Federal Aviation Regulations, Part 77 (Objects Affecting Navigable Airspace).

220-20.07 Approach Areas (AA).

Building permits will not be issued until the final site development plans have been approved. Such approval may include requirements to mitigate impacts of the project and to ensure that the standards of the zone are upheld. The Director of the Paulding County Airport at his/her option may require approval of site development plans consistent with the procedural requirements for residential or non-residential development application as set forth by the Paulding County Development Regulations.

220-20.08 Accident Potential Zone A (APA –“A”)

Within areas designated as Accident Potential Zone “A” no buildings or premises shall be used nor any building or structure be erected or altered unless otherwise provided in this Ordinance except for one or more of the following uses when allowed in the underlying zone.

A.Animal Production and Aquaculture except feed lots or other agricultural uses which attract substantial quantities of birds

B.Aircraft Maintenance and Repair Services

C.Automotive Body, Paint, and Interior Repair and Maintenance

D.Cemeteries

E.Farm Machinery and Equipment Repair and Maintenance Services

F.Greenhouse, Nursery and Floriculture Production

G.Mini-warehouses and Self-Storage Units including Truck, Trailer, Boat and Recreational Vehicle storage

H.Public Utilities

I.Support Activities for Rail Transportation

220-30.09 Accident Potential Zone B (APZ-“B”)

Within areas designated as Accident Potential Zone “B” the following uses are specifically prohibited.

A.Amusement and Theme Parks

B.Family Child Care Learning Home

C.Community Living Arrangements

D.Heliport or helipad

E.Hospitals

F.Hotels and Motels

G.Manufactured Home Park

H.Nature Parks and Other Similar Institutions

I.Nursing Homes

J.Other Amusement and Recreation Industries as identified in NAICS 7139

K.Performing Arts, Spectator Sports, and Related Industries

L.Psychiatric and Substance Abuse Hospitals

M.Religious Organizations with Attendant Educational and Recreational Buildings and Cemeteries

N.RV (Recreational Vehicle) Parks and Campgrounds

O.Public Elementary and Secondary Schools

220-30.10 Substantial Noise Impact Areas (DNL-65)

In areas where substantial noise impacts exist, as shown on the official Paulding County Official Zoning Map, the following uses are prohibited.

A.Family Child Care Learning Home

B.Community Living Arrangements

C.Hospitals

D.Libraries and Archives

E.Manufactured home park

F.Nursing Homes

G.Psychiatric and Substance Abuse Hospitals

H.Public Elementary and Secondary Schools

I.Religious Organizations with Attendant Educational and Recreational Buildings and Cemeteries

J.Residential subdivision

§ 220-40

Technology Park Overlay District

220-40.01 Purpose and Intent.

The purpose and intent of the Technology Park Overlay District that allows the siting of “Data Centers” in designated areas of 50 acres or greater in size, which Data Centers may include computers and data center equipment, data storage and hosting technologies, and other new technologies, under certain conditions set by the County. The Technology Park Overlay District is intended to provide land areas for commercial activities associated with technology, information systems, data infrastructure, data hosting and management activities and similar new information age uses.

The conditions of this Technology Park Overlay District are established to ensure the availability of adequate water and electrical utility resources, set-backs, buffer areas, noise levels and noise attenuation methods, screening, security, and protection of adjacent and nearby uses from adverse impacts.

220-40.02 Boundaries.

The boundaries of the Technology Park Overlay District are on the approximately 995 +/- acres of properties bearing Tax Parcel Number 243.1.2.001.0000, Tax Parcel Number 243.2.1.010.0000, Tax Parcel Number 243.2.4.002.0000, Tax Parcel Number 243.3.1.001.0000, Tax Parcel Number 243.3.3.038.0000, Tax Parcel Number 243.3.3.043.0000, Tax Parcel Number 243.3.3.043.0000, Tax Parcel Number 243.3.4.004.0000, Tax Parcel Number 243.4.2.002.0000, Tax Parcel Number 244.4.3.001.0000, Tax Parcel Number 060.3.4.001.0000, Tax Parcel Number 075.2.2.001.0000 and Tax Parcel Number 170.2.3.001.0000 (Ord.

26-02, 4/14/26). Any parcel of land that is wholly or partly within the boundary shall be included. No change in the boundary of the Technology Park Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Chapter 280 of this UDO.

220-40.03 Use Regulations.

Within the Technology Park Overlay District, in addition to the uses permitted in the underlying zoning district, the following uses shall be permitted in accordance with the standards established herein:

A.Accessory Uses including utilities, utility lines, pump stations, electrical substations, water towers, mechanical equipment and environmental controls (e.g., air conditioning or cooling towers, fire suppression), redundant/backup power supplies, redundant data communications connections, and high security.

B.Battery Manufacturing

C.Computer Systems Design and Related Services

D.Computing Infrastructure Providers, Data Processing, Web Hosting and Related Services

E.Custom Computer Programming Services

F.Management, Scientific, and Technical Consulting Services

G.Public Utilities

H.Scientific Research and Development Services

I.Solar Electric Power Generation

J.Telecommunications except towers and antennas as defined in Chapter 700.

220-40.04 Lot Size, Area and Setback Requirements.

A.Minimum Lot Acreage: 50 acres

B.Building Coverage Limit: 50% maximum total building coverage as a percent of total lot area.

C.Minimum Public Road Frontage: 150 feet

D.Minimum Lot Width at Building Line: 110 feet

E.Minimum Front Yard Setback: 75 feet; see however, Sec. 220-40.06 for minimum buffer requirements along property lines which abut a residential district or use

F.Minimum Side Yard Setback: 75 feet; see however, Sec. 220-40.06 for minimum buffer requirements along property lines which abut a residential district or use

G.Minimum Rear Yard Setback: 75 feet

220-40.05 Height Regulations.

Buildings shall not exceed a height of 75 feet, measured from structure pad level.

A height limitation of 75 feet shall not apply to accessory structures such as water towers, conveyer belts, HVAC equipment, generators and other incidental and uninhabited parts of the structure. The Community Development Director may allow taller elements upon demonstration of a technical or mechanical necessity.

220-40.06 Buffer Requirements.

In addition to required setbacks, a minimum buffer, which shall include and not be in addition to required setbacks, shall be required along all property lines which abut a residential district or use in order to provide a visual screen.

A.Minimum Buffer. 150 feet from the property line.

B.Vegetation. Where a buffer is required, the first 100 feet along the property line shall remain in an undisturbed, natural state, except for approved fencing, access and utility improvements; however, if the first 100 feet along the property line is sparsely vegetated it shall be planted in accordance with Section 240-140. The remaining 50-foot buffer may be disturbed and graded.

If the buffer is disturbed, it shall be planted in accordance with Section 240-140. (Ord. 26-02, 4/14/26)

220-40.07 Architectural and Design Standards.

A.Air conditioning units, HVAC systems, and electrical generators shall be thoroughly screened from view and noise impact from the public right-of-way and from adjacent properties by using walls, fencing, roof elements, or landscaping, and shall be located not less than one hundred (100) feet from adjacent property lines.

B.The front building facade of all principal buildings shall be oriented toward street fronts or adjacent arterial street fronts. This requirement shall not apply if the front of the building is greater than 500 feet from the public right-of-way or not visible from the public right-of-way.

C.Security fencing and walls shall not be located within the required buffer.

Fences and walls outside the required setback and buffer provided above shall not be subject to height limitations. Guard houses and secured entry features shall be permitted at public road entrances. If chain link fencing is used, it shall not be visible from adjoining rights-of-way. Barbed and razor wire fencing shall not be permitted. Decorative fencing is encouraged.

D.Exterior illumination shall be shielded, downcast and of a luminosity designed to maintain the existing night sky darkness and to prevent light trespass onto adjacent properties. In order to obtain that objective, the following criteria shall be met:

1.All fixtures shall be full cut-off type fixtures;

2.Light poles shall be no taller than 25 feet in height;

3.All light poles must be set back a minimum of 10 feet from any exterior property line; provided, however, that light poles should not be located in any required buffer area;

4.Maximum food-candles at the property line shall be 0.5. All exterior lighting shall be positioned so as not to create glare to any residential property or public street; and

5.A photometric lighting plan which shows conformity with these requirements may be required by the Community Development Director as part of any building permit application.

220-40.08 Private Roads.

Private roads are permitted within the Technology Park Overlay District. They shall be designed and built subject to the design guidelines for county public roads, unless otherwise approved by the county.

220-40.09 Exception for Internal Lots.

Required setbacks and buffers otherwise applicable to the underlying zoning district shall only apply to external property boundaries with other properties not within a Technology Overlay District development. Likewise, minimum lot frontages, width and acreage otherwise applicable to the underlying zoning district shall not apply to subdivided lots within the Technology Park Overlay District so long as the entirety of the contiguous Technology Park Overlay district complies with the requirements of this ordinance, and so long as the subdivided lot has adequate frontage on public or private roads to allow service.

220-40.10 Off-Street Parking.

Data Centers in the Technology Park Overlay District must provide minimum parking of three spaces per thousand gross square feet of employee occupied office space (not including server storage areas) within the development. For any number of parking spaces greater or lesser than the minimum number of spaces required in Section 220-40.10, the Data Center must demonstrate the need for the greater or lesser number of parking spaces based upon the expected number of employees and visitors to the Data Center.

220-40.11 Signs.

Signage shall be in accordance with Title 4: Signs of the UDO.

220-40.12 Technology Park Overlay District Sound Standards.

In order to ensure that permitted uses in the Technology Park Overlay District do not contribute to noise pollution within the county, all permitted uses shall be subject to the following standards:

A.Data center operations shall not produce continuous sound over a 15-minute period that exceeds an average of 65 dBA or higher during the hours of 8 AM to 8 PM, measured at any adjacent property boundary between the data center site and adjoining properties. Nor shall data center operations produce sound that exceeds an average of 55 dBA from 8 PM to 8 AM, measured at any adjacent property boundary between the site and adjoining properties.

Notwithstanding the foregoing, if the existing sound levels in the area of the development exceed the decibel levels above prior to the development of data center structures, they shall be designed so that the existing sound levels are not increased at the external boundaries of the property. Sound levels shall be determined by a third-party acoustic engineer. Violations of these sound levels may be prosecuted in the same manner as other zoning ordinance violations.

B.An acoustic barrier (e.g., an exterior solid or louvered wall containing soundproofing materials) shall surround all exterior mechanical equipment, whether located on a roof top, on ground level, or elsewhere on the exterior of the property where necessary to achieve the sound level requirements in Section 220-40.12(1) above. Such acoustic barrier must be shown on the approved construction plan and shall be maintained on the premises of the Data Center for the operational life of the facility.

C.Data Centers shall not engage in on-site generator testing for more than two hours per day, and generator testing is limited to Monday through Friday between the hours of 11:00 AM and 5 PM.

D.With the exception of testing activities, generator use is limited to emergency backup use only.

E.After issuance of the Certificate of Occupancy for each Data Center building, the county may obtain sound studies or require the data center operator to provide a sound study to verify that the operation is in compliance with the requirements of Section 220-40.12(1) above. If a data center is found to be in violation of the requirements of Section 220-40.12(1) above, or there is a history of complaints and, in the opinion of the Community Development Director after consultation with qualified professional acoustic engineers, even though there may be technical compliance with the details of Section 220-40.12, the county may issue a notice of violation, which may direct that the data center take appropriate steps to operate within the requirements of Section 220-40.12(1) above, or mitigate the operations causing complaints. The Community Development Director may require the Data Center operator to propose a solution, and a time period for implementation. If the Community Development Director approves such solution, and the Data Center fails to successfully implement that solution within the time approved, the violator shall be subject to a fine up to $1,000 for each day that the violation exists until full compliance is obtained.

F.The Data Center operator shall continue to bear the costs of any sound test or study required to monitor violations in Section 220-40.12(5).

220-40.13 Water and Sewer Capacity.

Prior to the County’s approval of a land disturbance permit for a Data Center project, the applicant shall submit to the Paulding County Water System, an analysis of raw water needs, indicating the quantity of water required. The applicant shall provide the county with a letter from the public water purveyor indicating sufficient capacity to serve the proposed Data Center.

220-40.14 Electric Supply.

Prior to the County’s approval of a land disturbance permit for a Data Center project, the applicant for a Data Center development shall provide to the County a letter from the electric power supplier confirming capacity and willingness to serve the project.

220-40.15 Site Design Compatibility with Corridor Overlay District.

Paulding County has adopted a Corridor Overlay District intended to establish standards for the design of sites, buildings, structures, plantings, signs, street hardware and such other improvements that are visible to the public. Any project that is approved under the Technology Overlay District will not be required to meet the standards set forth in the Corridor Overlay District provided the building is not visible from the boundary of any roadway identified in Section 220-20.02

220-40.16 Application and Approval.

No Data Center operation may be developed without construction plan review, approval, and verification by the County that all requirements within this section are met, as well as compliance with applicable Fire, Safety and Building Codes, and State and Federal rules and regulations. If a Development of Regional Impact review is required for the proposed development, such review shall be accomplished prior to construction plan approval.

220-40.17 Procedural Requirements.

Applications for development of property meeting the requirements of the Technology Park Overlay District shall follow the requirements and procedures set forth in the Paulding County Development Regulations.

(Ord. 25-06, 9/9/25)

§ 220-50

Sweetwater Overlay District

220-50.01 Purpose and Intent.

The purpose and intent of the Sweetwater Overlay District, formerly known as the Low-Density Quality Residential Development Overlay District and hereby renamed the Sweetwater Overlay District, is to promote the highest and best quality residential development while protecting the health, safety and welfare of current and future residents in Southeast 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.

220-50.02 Boundaries.

The boundaries of the Sweetwater Overlay District are determined by the Sweetwater Drainage Basin Boundary Map, which is hereby incorporated into and made part of this Section. Any parcel of land that is wholly or partly within the boundary shall be included. No change in the boundary of the Sweetwater Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Chapter 280 of this UDO.

220-50.03 Effect of the Sweetwater Overlay District Provisions.

A.The provisions of this section shall apply to all parcels of land, or portions thereof, within the boundaries of the Sweetwater Overlay District that are now, or in the future, zoned R-3 (Sewered Suburban Residential), RD (Duplex District), PRD (Planned Residential Development), OSRD (Open Space Residential Development), R-55 (Active Adult Residential District) and MPR (Master Planned Residential District) in accordance with the Paulding County Zoning Ordinance, except for those subdivisions in which more than 10% 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.The Sweetwater Overlay District is supplemental to the underlying zoning district classifications established in the Paulding County Code of Ordinances located within this Sweetwater Overlay District. These Sweetwater 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 Section 220-50.03.A and 220-50.03.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 Sweetwater Overlay District applicable to the parcel

D.Relationship to underlying zoning district standards. In any case where the standards and requirements of the Sweetwater Overlay District are more restrictive 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 Sweetwater Overlay District shall govern.

220-50.04 Design Guidelines.

A.The Sweetwater Overlay District design guidelines are hereby adopted and made part of this Section and shall apply to property in the Sweetwater Overlay District subject to Section 220-50.03.A, 220-50.03.B and 220-50.03.C.

B.Within the designated properties in the Sweetwater Overlay District, design and construction of new buildings that are not in substantial conformity with the Sweetwater Overlay District guidelines is prohibited.

C.In cases of a conflict between the Sweetwater Overlay District design guidelines and the text of Chapter 210, the text of this section shall govern. In cases of a conflict between the Sweetwater Overlay District design guidelines and other ordinances and regulations of Paulding County, the applicable Sweetwater Overlay District Design Guidelines shall govern.

220-50.05 Property Development Standards.

A.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 Sweetwater 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% of the total number of lots, 10,000 square feet for 40% 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 10% 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.

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.Minimum lot width: 70 feet (PRD's)

F.Building Design. All dwelling units including attached that are subject to the Sweetwater Overlay District shall be designed with traditional architectural design elements. Color elevations of proposed house plans, including exterior building materials, shall be submitted as an exhibit with an application for zoning or if the property has previously been zoned to R-3, RD, MHP, PRD, OSRD, R-55 or MPR be approved by the Board of Commissioners. Houses shall be constructed in substantial compliance with approved elevations. (Ord.

23-04, 3/14/23)

G.Site Development Standards.

1.All yards shall be grass sod; excluding natural and landscaped areas.

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 or their designee for necessary intrusions such as required infrastructure, stormwater management and/or future street connectivity points. The buffer shall conform to requirements of Section 240-140 of the UDO.

(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 five-foot wide sidewalk is required on both sides of all local streets with a speed limit/design speed of 25 MPH or less.

Title 2: Chapter 220 179

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.

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

220-50.06 Program for Unified Ownership and Control.

A.A development within the Sweetwater 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 Section, as well as any further restrictions, as approved by the Paulding County Board of Commissioners.

220-50.07 Public Improvement 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 6%.

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-foot flare at street intersections, with ramp to street and bollards spaced seven feet 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 Sweetwater 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 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 Department of Transportation Director or their designee may approve an exception, if subsurface rock or other unique hardship makes such installation infeasible.

220-50.08 Procedures.

A.Traffic Study. A traffic impact study is required for developments with more than 200 dwelling units or specifically requested by PCDOT based on existing capacity of the adjacent road network.

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 Section. The Community Development Director or their designee shall have the authority to review and approve building plans for conformity with the requirements of this section and the Sweetwater Overlay District design guidelines, building codes, and other requirements of Paulding County.

220-50.09 Exceptions.

Residential Developments of three lots or less are not subject to the Sweetwater Overlay District.

§ 220-60

Silver Comet Trail Overlay District

220-60.01 Purpose and Intent.

The Silver Comet Trail Overlay District serves as a catalyst for growth and investment by invigorating surrounding properties to create a better connected, more diversified county where people across the spectrum of age, income, ethnicity, and culture can live, work, shop, meet, and play.

The Silver Comet Trail Overlay District represents a unique opportunity: to enhance the quality of life in the county; preserve and revitalize existing neighborhoods; make greater mixed-use development feasible; optimize resources in select locations; promote air quality; reduce auto dependency; and concurrently advance economic development through an increased tax base.

The County finds that taking special consideration to ensure the redevelopment of properties adjacent to and within walking distance of the Silver Comet Trail Corridor entails a compatible mixture of commercial, cultural and recreational uses, and design standards are crucial to promote and ensure the public health, safety and welfare of its citizens while preserving the residential values of surrounding homes and subdivisons. By establishing the Silver CometTrail Overlay District, the county intends to institute an approach that anticipates, manages, and encourages quality Silver Comet Trail development opportunities and impacts. Therefore, policies to promote these objectives within the Silver Comet Trail Overlay Zoning area will serve to:

A.Preserve a continuous corridor along the Silver Comet Trail route of sufficient dimension for the implementation multi-use trails and green space;

B.Promote and maximize opportunities for safe and accessible green spaces, plazas, public art, and cultural and institutional buildings;

C.Preserve opportunities for connecting trails reaching beyond the Silver Comet to create a broad network of trails throughout the county;

D.Encourage a grid of smaller blocks and connected streets to improve access to the Silver Comet, reduce congestion, and further the community character of the area;

E.Preserve the historic physical character of the industrial districts along the Silver Comet Trail Corridor by promoting adaptive re-use of historic structures and encouraging new construction to be consistent with the size, scale and/or character of those buildings consistent with thematic designs which create points of destination to work and play;

F.Ensure that new construction is compatible with the character of existing established adjacent single-family neighborhoods;

G.Create new mixed-use and commercial nodes at Silver Comet Trail station areas that are pedestrian-oriented;

H.Maximize air and water quality, including that which supports tree planting, greenspace and watershed protection, and bicycle parking;

I.Improve the aesthetics of street and built environments by offering a variety of outdoor oriented food vendors, gardens, kiosks for sales of goods, arts, crafts and cycling related storefronts as well as wine and beer gardens.

220-60.02 Boundaries.

The boundaries of the Silver Comet Trail Overlay District shall be any area which adjoins the Silver Comet Trail as shown on the Official Zoning Map as adopted from time to time herewith entitled "Silver Comet Trail Overlay District." Any future property in which any portion of said property is located within the boundary of the Silver Comet Trail Overlay District shall be subject to the full requirements set forth in this Section.

220-60.03 Permitted Uses.

The underlying zoning requirements shall apply unless specifically prohibited by this Section. In addition to the uses allowed in the underlying zoning districts, the following uses shall be permitted:

A.Bicycle Shops including maintenance and repair

B.Breweries

C.Farm Wineries

D.I-Dining

E.Miscellaneous Store Retailers (except Tobacco Retailers)

F.Mobile Food Service Units

G.Pet and Pet Supplies Retailers limited to 2,500 square feet

H.Shared Workspaces/Co-working Spaces including limited (no more than 15% of gross floor space) food and beverage sales and excluding Sexually Oriented Businesses

I.Small Outdoor Entertainment Venues

220-60.04 Review Standards.

Any development under these regulations shall be governed by the terms of the Silver Comet Trail Overlay District, which shall be applied in lieu of the existing zoning district. The regulations shall authorize and allow creative business uses with specific thematic designs in lieu of the existing zoning regulations. These sites shall be located immediately adjacent to the Silver Comet Trail Corridor which includes the Silver Comet Trail and any County approved and developed trail system except in instances where there are specific development limitations involving streams within seven miles of the Richland Creek Reservoir.

220-60.05 Procedures.

A.Any applications for development of a project hereunder within the Silver Comet Trail Overlay District will begin with a pre-application consultation between the applicant and the Community Development Department.

B.Applicants for development permits shall file two copies of proposed site plan, including an electronic copy, to the Community Development Department. The site plan must include a landscape plan and elevation drawings of each exterior façade, as applicable, and be approved by the Community Development Director or his or her designee, under the requirements specified below prior to the issuance of a land disturbance and building permits.

C.All plans shall include a plan for food services including small retail shops and kiosks, container restaurants, mobile food trucks, under cover and open air joint eating areas, bathroom facilities, fully enclosed trash and waste facilities, maintenance schedules and sanitization plans, arborist and landscaping and planting plan, street and sidewalk plan, street furniture and tree planting zone, small outdoor entertainment venue or amphitheater and an overall thematic element and design plan which ties in the entirety of the proposed development.

D.All plans shall include lighting and security that addresses the following:

1.All lighting, including any parking decks and lots, loading areas, and lit canopies, shall reduce light spillage onto adjacent residentially used properties by providing cutoff luminaries that have a maximum 90-degree illumination.

2.All lighting that up-lights trees, buildings or other elements, shall be located a minimum height of eight feet above the sidewalk, driveway or pedestrian area when not located within completely landscaped areas.

Title 2: Chapter 220 185

§ 220-70