Sugar Hill › Zoning Ordinance

Article 10 — Overlay Zoning Districts

current as of 2026-01-21verified current · checked 2026-08-24Officialofficial source ↗5 sections · full chapter

§ 1000

Planned Unit Developments.

The purpose of planned unit developments is to encourage the best possible site plans and building arrangements under a unified plan of development rather than under lot-by-lot regulation. The developer benefits from better land utilization, economy in the provision of roads and utilities and flexibility in design. The City gains the advantages of variety in building types, compatibility of uses and optimum community development. Review of the development plan by the Sugar Hill Planning and Zoning Commission provides an opportunity to assure that the development will be in harmony with the character of the neighborhood in which the development is located.

The planned unit development is not intended to encourage greater density of development but rather to encourage ingenuity and resourcefulness in land planning. The planned unit development is, furthermore, not intended to enhance the value of the property for speculative purposes. Approval of a planned unit development is therefore conditional, and if construction is not commenced within one (1) year, and pursued in an orderly manner toward completion, the Mayor and City Council may, upon written notice to the property owner, abolish the Zoning or reduce the size of the tract to fit the scope of actual development.

A.Types of Planned Unit Development.

The following types of planned unit developments are authorized by this Ordinance. They are required to have the minimum acreage indicated:

1.Planned Residential Development (PRD) – Ten (10) acres.

2.Senior Residential Development (SRD) – Five (5) acres.

B.Ownership Control.

The land area of a planned unit development shall be a contiguous land area to consist of all property within its exterior boundaries and shall not include any islands. For purposes of this Section, an island is defined as any property in which its aggregate external boundaries abut the surrounding property contained in the planned unit development. Upon application for a PUD, all land within the land area of the planned unit development must be owned by the same individual, corporation or other legal entity. Individual properties in a planned unit development may be sold after a plat has been recorded, with the properties subject to private deed covenants that assure the continuance of the planned unit development as originally approved and developed.

C.Standards Applying to All Planned Unit Developments.

All planned unit developments shall meet the following standards and such other requirements as are set forth with respect to each of the permitted types of planned unit developments:

1.The development shall be compatible with the topography of the land and shall preserve any unusual topographic or natural features.

2.The development shall not adversely affect developed or undeveloped neighboring properties.

3.The development shall utilize design and development features that would not be possible by the application of lot-by-lot Zoning District regulations.

4.Water, sewerage, and street facilities shall be adequate for the proposed development or there shall be a definite proposal for making them so.

5.Yards: The yard requirements of the Zoning District in which the planned unit development is located may be waived by the Mayor and Council except along the exterior boundaries of the development. Buffer zone requirements shall be met.

6.Height: The height limitation of the Zoning District in which the planned unit development is located may be waived by the Mayor and City Council.

7.Off-street parking and loading and unloading requirements: The off-street parking and loading and unloading requirements of this Zoning Ordinance shall be met.

D.Standards Applying to Planned Residential Developments.

1.Location. A planned residential development may be located within any residential Zoning District if it meets all the required standards for planned residential developments.

2.Permitted uses. A planned residential development may contain single-family detached houses, condominiums, attached single-family houses, customary home occupations and customary residential accessory building and uses.

3.Common open space requirements. In a residential planned unit development, the lot size may be reduced from the general lot size for that district at the discretion of the Mayor and City Council. For all lots in a residential planned unit development the developer shall reserve five hundred fifty (550) square feet per lot for open space. In addition to the five hundred fifty (550) square feet per lot, the developer shall reserve an amount of land equivalent to the reduction in any lot size for open space to be preserved and maintained for its scenic values, passive recreation or conservation purposes. (Example: Lot size required by underlying zoning district is 10,000 sq. ft. A request for an 8,000 sq. ft. lot requires a set aside of 2,550 sq. ft. of open space [2,000 sq. ft. for equal offset from 10,000 sq. ft. plus 550 sq. ft. for the dwelling unit on the lot]).

i.The required open space shall not include areas devoted to public or private streets and parking areas.

ii.Up to one-half of the required open space may be located in a 100-year floodplain or an existing lake.

iii.The required open space shall be left in its natural state as passive greenspace unless otherwise approved by the City Council.

iv.If requested by the City, the owner of the planned residential development shall deed to the city the land set aside as required open space.

v.If the City does not require that the land be deeded to it, then the open space shall be deeded to a property owner’s association comprised of residents of the planned residential development for the benefit of the residents. The organization of the property owner’s association and its adequate financing for the discharge of its responsibilities shall be assured through acceptable private deed covenants tied to the land.

vi.In the event the property owner’s association fails to maintain the common open space properly, the City may serve written notice upon the property owner’s association and upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in a reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be corrected within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice. The deficiencies are not corrected within the said thirty (30) days, the City, in order to preserve that taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for one (1) year and thereafter until the property owner’s association is prepared to provide proper maintenance. The cost to such maintenance by the City shall be assessed against the properties within the plan residential development that have a right of enjoyment of the common open space and shall become a tax lien upon said properties.

4.General private deed covenants. The entire planned residential development shall be included within private deed covenants tied to the land assuring the continuance of the planned residential development in accordance with approved plans and development.

5.Minimum lot sizes. The minimum lot sizes of the Zoning District in which the planned residential development is located may be waived by the Mayor and Council provided that any lot touching the exterior boundary of the development shall meet the minimum frontage and minimum square footage requirements for the underlying Zoning District.

6.Gross density. Except where noted herein, the overall maximum density of a planned residential development shall not exceed the density of the zone in which it is located.

E.Standards Applying to Senior Residential Development.

A Senior Residential District (SRD) is designed to serve the housing need of adults who are 55 years of age or older. It is recommended that these districts be located in areas that facilitate pedestrian access to nearby commercial goods and services, and/or amenities/cultural facilities.

These areas are intended to function as communities with parks and open spaces. At least 80% of the occupied units shall be occupied by at least one person who is 55 years of age or older. The other 20% is not intended as a set aside for younger residents and efforts should be made to minimize the number of units that do not meet this requirement.

1.Location. An SRD shall be located within an RS-100 or R36 Zoning District.

2.Permitted Uses. Detached or attached single-family homes, villas/town homes, attached residences, plus customary residential accessory building and uses. A combination of these housing units may be used, but each type of permitted use must be clustered within the development and not randomly situated. The development plans shall indicate what type of housing units are to be located within the development.

3.Common open space requirements. No less than twenty-five (25) percent of the site acreage shall be set aside as open space, and no more than 50% can be in a Flood Hazard area, as identified by Sugar Hill Floodplain Management Ordinance.

4.Minimum lot sizes. The minimum lot sizes of the Zoning District in which the planned residential development is located may be waived by the Mayor and Council provided that any lot touching the exterior boundary of the development shall meet the minimum frontage and minimum square footage requirements for the underlying Zoning District.

5.Area and dimensional standards:

Within the SRD, the following requirements shall be met for detached homes:

Maximum gross density – 5 units per acre.

Minimum lot area – No minimum.

Minimum lot width – 45 feet (45’)

Minimum front yard – Fifteen feet (15’)

Maximum front yard – Twenty five feet (25’)

Minimum side yard – Five feet (5’)

Minimum rear yard – Twenty feet (20’)

Within the SRD, the following requirements shall be met for attached homes:

Maximum density: Eight (8) units per acre or twelve (12) units per acre where driveway access is from an alley or otherwise from the rear of the lot.

Lot Area – No Minimum.

Lot Width – No Minimum.

Internal Road Frontage – No Minimum.

External Road Frontage For Overall Development – Fifty feet (50’)

Minimum unit width: Twenty feet (20’)

Minimum internal front yard – Fifteen feet (15’)

Maximum internal front yard – Twenty five feet (25’)

Minimum distance between buildings – Fifteen feet (15’)

Minimum rear yard – Twenty feet (20’)

An opaque landscape buffer of twenty-five feet (25’) shall be maintained and planted along the exterior of the development where it abuts residential zoned property of a lower density.

6.Site and Architectural Design Standards:

i.A 10’ landscape strip shall be provided on the property adjacent to all public right-of-way on the exterior/perimeter of the development. The landscape strip may incorporate natural vegetation, a landscaped berm, picket type fence with brick or stone columns every 30 feet or a decorative brick or stone wall.

ii.Street trees shall be planted in the right-of-way, a minimum of two feet (2’) from back of curb and spaced equal distance between street lights. Street trees shall be planted no more than fifty feet (50’) apart and no closer than twenty five feet (25’) from street intersections. The tree plan shall be prepared by a registered Landscape Architect or other certified professional in accordance with the Buffer, Landscape and Tree Ordinance.

iii.All grassed areas shall be sodded.

iv.Homes/Buildings shall be constructed of traditional design with brick, stone, fiber cement horizontal siding or fiber cement shakes/shingles. No vinyl or metal siding shall be permitted.

v.All attached dwelling units shall have a minimum 850 square feet for 1 bedroom villas/town homes; 1,000 square feet for two bedroom units/homes; and 1,200 square feet for three or more bedroom units/homes. Detached dwellings to have a minimum of 1,400 square foot heated space.

vi.All dwellings shall be provided at least a single-car garage.

vii.Provide six-foot (6’) wide sidewalks at six feet (6’) from the back of the curb and street trees adjacent to both sides of interior streets or private driveways.

Reference the City’s Development Regulations for design standards. All sidewalks shall comply with the Americans with Disabilities Act (ADA) as applicable.

viii.A system of paved six-foot (6’) wide multi-use paths shall be constructed to connect greenway/open space areas, outdoor amenities/recreation areas, homes, clubhouse, and other amenities.

ix.A four-foot (4’) wide walkway, constructed of concrete, shall extend from the sidewalk to the steps, stoop, or porch of all homes. Reference the City’s Development Regulations for design standards. All sidewalks shall comply with the Americans with Disabilities Act (ADA) as applicable.

x.Street lights within the subdivision shall be located seventy-five (75’) apart, on average.

7.Building Standards for Accessibility. All dwellings shall incorporate accessibility standards which shall include the following:

i.A step-free feature to at least one entrance of the unit and levered door handles on all doors.

ii.Minimum thirty six inch wide, clear passage doorways throughout the unit.

iii.Wheelchair, step-free access and 5’ turnaround radius to the following areas, at a minimum: kitchen; dining area; entertainment area (e.g., living room/den, great room, etc.); at least one bedroom; at least one full bathroom; and laundry room with washer/dryer connection.

iv.The installation of full sheets of ¾” plywood blocking in all bathrooms to allow for future installation, if necessary, of grab bars.

v.Levered faucets and anti-scald valves at all sinks.

vi.Drawers in all lower cabinets rather than shelves. Pull out shelving for all other cabinets. C-pulls instead of knobs.

vii.Gas sensors near all appliances, smoke and burglar alarms for the hearing impaired.

viii.Luminous light switches at 42” height.

8.Mandatory Homeowner’s Association. A mandatory homeowners association shall be incorporated which provides for building and grounds maintenance and repair, insurance and working capital. Said association shall publish and adhere to policies and procedures that demonstrate that the community is intended to provide housing for persons 55 years of age and older including maintaining surveys or affidavits verifying compliance with 55 years of age and older occupancy requirements as permitted by 42 U.S.C. Section 3607, (b)(2)(c) of the Federal Fair Housing Act and implementing regulations. Said association shall also include declarations and bylaws including rules and regulations, which shall at a minimum regulate and control the following:

i.Restriction on homes being occupied, with at least 80% of the occupied units occupied by at least one resident who is age 55 years of age or older.

ii.Restrictions on persons under 18 years of age permanently residing in the community.

F.Justification of Planned Unit Development.

Applications seeking a zoning or rezoning to a Planned Unit Development shall contain a statement or statements explaining the following:

1.How the design of the proposed PUD encourages ingenuity and resourcefulness in land planning.

2.How and why the design does not encourage greater density of development.

3.How the development is compatible with the topography of the land.

4.What natural features and unusual topography exist on the land and how the design preserves those features and topography.

G.Site Plan Specific and Substantial Compliance with Approved Site Plan.

Land that is zoned to a planned unit development classification shall be conditioned upon the site or concept plan submitted to and approved by the Mayor and City Council at the time of the public hearing on the zoning request. Any change that substantially alters the site or concept plan approved by the Mayor and Council shall be considered a change in conditions of zoning and shall be resubmitted for approval by the Mayor and City Council. For the purposes of this Section, a substantial change shall include but not be limited to any change that increases the number of lots, the number of buildings or the density of the development, any reduction of lot sizes, setbacks or required buffers, changes of access locations or roadway structure other than as required by the state or county agencies for safety purposes.

H.Covenants and restrictions.

Legally binding covenants and/or deed restrictions tied to the land shall apply to all PRD and SRD units that will bind the applicant, any assignee, mortgagee, or buyer, and all other parties that receive title to the property. No deed for sale or transfer of any housing unit shall be drafted or offered until and unless it contains restrictions approved by the Director of Planning and Development that are consistent with the requirements of this Section. The grantor must state in any deed or instrument conveying title to a PRD or SRD housing unit, that the property conveyed is a PRD or SRD housing unit and is subject to the restrictions contained in this Section. No covenant involving a development containing a PRD or SRD housing unit shall be recorded until and unless it contains restrictions approved by the Director of Planning and Development that are consistent with the requirements of this Section, with such modifications as he or she may deem necessary to carry out the purposes of this Article. Such review and approval shall be completed within thirty (30) calendar days following date of submission of such documents to the Director of Planning and Development. Failure of the Director of Planning and Development to respond within the thirty (30) calendar-day period shall constitute approval of the documents. The Director of Planning and Development may take legal action to stop or cancel any transfer of any property permitted in this district if any party to the transfer does not comply with all requirements of this Section.

§ 1001

TOWN CENTER OVERLAY DISTRICT

The following provisions shall apply to all property inside the Town Center Overlay District (TCO) as delineated on the Town Center Overlay District Boundary Map, which is attached as Exhibit 1 and incorporated by reference.

The TCO is an overlay zoning district. The land use regulations applicable to the underlying zoning remain in full force and effect except where superseded herein. When there is a provision not expressed in the underlying zone, or where a provision hereof is in conflict with the underlying zone, the provision of the overlay district shall govern.

A.Purpose and Intent In preparing a Town Center Master Plan under the Atlanta Regional Commission (ARC) Livable Centers Initiative (LCI) program, the City surveyed its constituents and found that the people of Sugar Hill have widely shared values related to protection of the visual environment and enhancement of the pedestrian experience Downtown. Those surveys revealed the community’s collective affinity for traditional architecture consistent with late 19th century to early 20th century American styles and the original small town feel of business districts from that era. These regulations are therefore based on the visual sensibilities of the average person in the community as well as widely accepted standards for ensuring a universally positive experience for Downtown Sugar Hill visitors, residents and businesses.

Attractive and integrated architectural and urban design features tend to improve an area’s image, raise overall property values, attract new businesses and residents, as well as enhance the quality of life. Furthermore, visual harm to a widespread pattern of community preference as well as damage to the economic, architectural and social infrastructure of the City can occur without the imposition of the provisions of this Ordinance, which places limitations on or prohibits altogether certain uses, structures, and practices that would be out of harmony or incongruent with the distinctive character or visual features of the surrounding area.

In order to establish a regulatory framework that addresses these issues this section establishes an overlay zoning district for Sugar Hill that sets up design standards and a design review process for any new construction or material change in exterior appearance to existing structures within the TCO.

B.Exceptions Variances shall be processed in accordance with Article 15 of the City of Sugar Hill Zoning Ordinance.

C.Severability

D.Any requirement set forth herein deemed unconstitutional, vague, illegal and/or otherwise unenforceable in a court of law shall not invalidate the remainder of this Section and all other provisions and requirements of this Section shall remain in full force and effect.

E.Use Provisions.

1.Maximum Building Height. Maximum building height shall be 4 stories with a maximum of 50 feet.

2.Mixed Use. Mixed uses are encouraged within the TCO. Refer to Section 1003 Mixed Use Developments.

4.Special Uses along Principal Arterial Corridors. Georgia Highway 20 (Hwy 20) and Peachtree Industrial Boulevard (PIB) intersect each other near the western edge of the TCO.

While these regionally important arterial roadways create significant challenges for development within the TCO they move a large amount of people and goods around Downtown Sugar Hill on a daily basis. In consideration of the heavy volume and higher speeds of vehicular traffic along these corridors adequate provisions should be granted to facilitate appropriate commercial development which addresses the needs of our traveling consumers while promoting pedestrian oriented development patterns within Downtown Sugar Hill. Therefore, the uses shown below in table 1001.D.4 shall only be allowed if

Table 1001.D.4 – Special Uses along Principal Arterial Corridors and Associated

Conditions
Use:	Conditions:
1. Convenience store, with or without fuel pumps.	Signs are prohibited on fuel pumps, canopy and other accessory structures. Vehicle washing facility is prohibited. Fuel pumps and associated canopy shall be located in the side or rear yard. Outdoor display of items for sale are prohibited.
2. Farmer’s market.	Outdoor storage is prohibited.
3. Fruit and vegetable stand.	Operation shall be limited to daylight hours on Fridays, Saturdays and Sundays. Outdoor storage is prohibited. Shall only be approved in conjunction with a lawfully approved principal use.
4. Microbrewery.	Outdoor storage is prohibited. Must include a restaurant and/or tap room.
5. Rental, passenger vehicles.	Vehicles for lease shall be parked in a designated parking stall and shall count toward maximum parking ratio for the general business use category.
6. Restaurant, with drive through service.	Shall incorporate outdoor dining into site design. Provide at least one outdoor seat for every five indoor seats or a minimum of 12 outdoor seats.

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§ 1002

CENTRAL BUSINESS DISTRICT OVERLAY

The following provisions shall apply to all property inside the Central Business District

(CBD)as delineated on the Central Business District Boundary Map, which is attached as Exhibit 2 and incorporated by reference.

The CBD is an overlay zoning district. The land use regulations applicable to the Town Center Overlay District (TCO), the Central Business District (CBD), as well as the underlying zoning remain in full force and effect except where superseded herein. When there is a provision not expressed in the TCO or underlying zone, or where a provision hereof is in conflict with the TCO or underlying zone, the provision of the CBD overlay district shall govern.

A.Purpose and Intent To further the goals of the Downtown Sugar Hill LCI Study and to foster development of the city center that contributes to the function and feel of traditional small town business districts prominent throughout this region during the late 19th century to the early 20th century. To recreate this feeling by using traditional block patterns characterized by common side walls, building fronts abutting the sidewalk and on street parking; breaking up large blocks; optimizing multi-modal connectivity and incorporating small public gathering spaces.

In order to establish a regulatory framework that creates this traditional small town urban character;

promotes compact mixed use growth; supports community development and the need for walkable, pedestrian oriented public and commercial spaces; provides incentives and removes barriers to redevelopment, rehabilitation and revitalization of vacant and underutilized properties in the area this section establishes an overlay zoning district for Sugar Hill that provides for an appropriate mix of uses, establishes standards of development to facilitate urban forms and sets up a design review process for any new construction or material change in appearance to existing structures within the CBD.

B.Exceptions Variances shall be processed in accordance with Article 15 of the City of Sugar Hill Zoning Ordinance.

C.Severability Any requirement set forth herein deemed unconstitutional, vague, illegal and/or otherwise unenforceable in a court of law shall not invalidate the remainder of this Section and all other provisions and requirements of this Section shall remain in full force and effect.

D.Use Provisions.

1.Maximum Building Height. Maximum building height shall be a maximum of 70 feet.

2.Prohibited Uses. Unless otherwise noted, the following uses shall be prohibited within the CBD: Adult entertainment businesses/facilities; automotive sales lots and associated service facilities; automobile repair shops and tire stores including lubrication or tune up centers;

truck stops; service stations; boarding and rooming houses; contractors equipment depot;

restaurants with drive-through service; equipment rental; facilities engaging in the business, trade, or profession of psychic reading, fortune telling, astrology, phrenology, palmistry, clairvoyance, or related practices; adult novelty retail stores; pawn shops; body art establishment; cannabidiol store; vape store; vehicle or emission inspections; warehousing;

mini-warehouse/personal storage facilities; moving van or truck rental and taxi/limousine queue lots. If any of the above listed uses exist within the CBD prior to the adoption of this Ordinance, those uses shall, upon the adoption of this Ordinance become non-conforming uses, shall comply with and be governed by Article 8 of the Zoning Ordinance

3.Permitted Uses. The following uses shall be permitted on all properties within the CBD and shall supersede or replace the underlying zoning district’s permitted uses as shown in Table 4.1.

Table or figure — shown as printedverify at source ↗

1.   Art gallery.                                    28.  Jewelry store.

2.   Art shop.                                       29.  Lodges, fraternal and social

3.   Bakery shop.                                    30.  Movie studio.

4.   Bank.                                           31.  Museum.

5.   Barber and beauty shop.                         32.  Music store.

6.   Bed and breakfast inn.                          33.  Music studio.

8.   Book or stationery store.                       34.  Office.

9.   Cafe.                                           35.  Pharmacy.

10.  Cafeteria.                                      36.  Photo studio.

11.Church, temple, synagogue or mosque. 37. Public and private educational institution offering general education courses, including nursery school and kindergarten. Business college or school operated as a business enterprise.

12.Cultural facility. 38. Recording / rehearsal studio.

13.Dance studio. 39. Recreation facility, indoor. (Such as bowling alley, skating rink, shooting range and movie theater.)

14.Day care facility. 40. Residential or community shelter.

Table or figure — shown as printedverify at source ↗

15.  Financial service/institution.                  41.  Restaurant.

16.  Fitness center.                                 42.  Retail store.

17.  Florist.                                        43.  Retirement community.

18.  Food store.                                     44.  Shoe repair shop.

19.  Furniture store.                                45.  Shoe store, retail.

20.  Gift shop.                                      46.  Spa.

21.  Growler shop.                                   47.  Theater.

22.  Hardware store.                                 48.  Trade / vocational school.

23.Health club. 49. Upholstery shop.

24.Hobby shop. 50. Vet clinic.

25.Hotel. 51. Wine bar.

26.Ice cream shop.

27.Interior decorating shop.

4.Conditional Uses. The following uses shall be permitted on all properties within the CBD provided the associated conditions are met.

Use: Conditions:

Shall be limited to townhome, row house, or zero lot-line building type. Refer to Appendix A.

Minimum density = 4 dwelling units per acre, Maximum density = 12 dwelling units per acre.

Density shall be calculated by dividing the number of residential units by the difference in land area of the development in acres devoted to non-residential uses from the total site area. Where total property area =

1.Single Family Residential. A. Non-residential area = N. Count of residential units = R. Density = R / (N-A).

2.Customary residential accessory structures and uses. Refer to Section 600. Accessory Uses or Structures for location requirements and conditions.

No outdoor storage. Shall be limited to restaurants

3.Brew Pub that brew and sell 25% or more of their own beer for on-premise consumption.

4.Microbrewery No outdoor storage. Must include a restaurant or tap room.

5.Craft Distillery No outdoor storage. Must include a restaurant or taproom.

5.Special Uses. Each of the following uses shall be allowed only as a special use permit (approved by Mayor and City Council in accordance with the special use requirements in Article 17 of the Zoning Ordinance) on all properties within the CBD and shall supersede or replace the underlying zoning district’s special uses entirely.

Use:

1.Animal Day Care

a.Overnight boarding is prohibited.

b.Services shall be provided for household pets only.

c.All activities shall adhere to state guidelines of the Secretary of State, Board of Veterinary Medicine, specific to the boarding of household animals.

2.Boarding house.

3.Dormitory.

4.Event facility.

5.Group or personal care home.

6.Half-way house.

7.Hospital, clinic, convalescent home.

8.Nursing home.

9.Manufactured home.

10.Orphanage.

11.Parking garage.

12.Multi-Family Residential. Shall be limited to mid-rise, courtyard building type (refer to Appendix A): Minimum FAR =.5:1, Maximum FAR = 2:1. This section shall only apply to any non-permitted master project as of November 12, 2024.

The following parcels are excluded from requiring a special use permit, but shall be limited to the density and unit count existing or permitted as of November 12, 2024:

R7291-078 (Now or FKA “The Lyric”)

R7306-079A (Now or FKA “Holbrook”)

R7305-062 (Now or FKA “Cadence”)

R7305-009 (Now or FKA ”Conclave at Sugar Hill”)

R7292-077A (Now or FKA “The Refinery”)

R7291-057 (Now or FKA “The Local”)

R7291-045 (Now or FKA “reNEW Sugar Hill”)

R7291-350 (Now or FKA “The Collier”)

This purpose of exclusion is to ensure that the above listed properties do not become non-conforming uses. Further, the purpose is to ensure that the developments can exist (or be rebuilt) only as originally constructed and permitted.

6.Mixed Use.

Mixed Use shall be allowed only upon application to and approval of the City Council under the rezoning process required y this Ordinance. Two or more of the allowed uses, conditional uses, and special uses may be present in a Mixed Use development. No zoning buffers will be required between parcels within the Central Business District or between parcels within the Central Business District and parcels directly outside of the boundaries.

a.Residential or office uses in buildings containing retail or other uses are encouraged and the acreage on which such buildings are located may be used in either or both classifications for density purposes.

7.Special Uses along Principal Arterial Corridors. The CBD is bounded on two sides by Georgia State Route 20 (SR20) and Peachtree Industrial Boulevard (PIB). While these regionally important arterial roadways create physical limits to the development and expansion of the CBD they move a large amount of people and goods around Downtown Sugar Hill on a daily basis. In consideration of the heavy volume and higher speeds of vehicular traffic along these corridors adequate provisions should be granted to facilitate appropriate commercial development which addresses the needs of our traveling consumers while promoting pedestrian oriented development patterns within Downtown Sugar Hill.

Therefore, the uses shown below in table 1002.D.7 shall only be allowed if granted a

Table 1002.D.7 – Special Uses along Principal Arterial Corridors and Associated

Use:	Conditions:
1. Convenience store, with or without fuel pumps.	Signs are prohibited on fuel pumps, canopy and other accessory structures. Vehicle washing facility is prohibited. Fuel pumps and associated canopy shall be located in the side or rear yard. Outdoor display of items for sale are prohibited.
2. Farmer’s market.	Outdoor storage is prohibited.
3. Fruit and vegetable stand.	Operation shall be limited to daylight hours on Fridays, Saturdays and Sundays. Outdoor storage is prohibited. Shall only be approved in conjunction with a lawfully approved principal use.
4. Structured parking.	If directly adjacent to the street, at least 80% of the front façade(s) at street level shall include retail, office or restaurant use(s).
5. Rental, passenger vehicles.	Vehicles for lease shall be parked in a designated parking stall and shall count toward maximum parking ratio for the general business use category.
6. Restaurant, with drive through service.	Shall incorporate outdoor dining into site design. Provide at least one outdoor seat for every five indoor seats or a minimum of 12 outdoor seats.

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§ 1003

MIXED USE DEVELOPMENTS

A.Intent and Purpose.

The Mixed Use Development Districts are established for the following purposes:

1.To encourage larger scale mixed use development which will produce a logically organized and compatible set of land uses resulting in a higher overall quality of development than if accomplished in incremental unplanned stages.

2.To allow a mixture and/or density of land uses not otherwise allowed in an established zoning district; by careful site planning the appropriate site improvements are incorporated into the plan that establish compatible relationships between uses within the site and uses adjacent to the site.

3.To encourage creative site design which seeks to preserve the open space and unique environmental features, conserve energy through efficient building design and clustering, efficiently use the land, and increase the efficiency of public service delivery.

4.To be applied in a manner consistent with the Land Use Plan for the City of Sugar Hill.

B.General Conditions.

An area may be considered for rezoning to a Mixed Use Development District if any one of the following conditions exists:

1.The characteristics of the specific site plan and uses proposed for the subject property would only be compatible with the surrounding area if the development were limited to those plans and uses as submitted.

2.Separate land uses, which would not otherwise be permitted to locate within the same zoning district, are proposed for development on one or more adjacent parcels under single ownership.

3.Exceptions or variation from the size, setback, frontage, density, uses or other standards which are required in the conventional zoning districts are being proposed as a part of a planned development.

C.Uses Within a Mixed Use Development.

Any use allowable inherently or by City Council approval in the conventional zoning districts set forth herein may be proposed for inclusion in Mixed Use Development. Each proposed use should be consistent in application with the intent and purpose of the conventional zoning districts in which it is allowed. Only the specific uses proposed in an application and approved shall be allowed in the district. Any addition of uses, change of plans, or increase in size or density shall require a separate amendment to the original approved Mixed Use Development and shall follow the same administrative process as any other amendment. Initial approval of a Mixed Use Development by the City of Sugar Hill does not mean that subsequent amendments to that Mixed Use Development carry any requirement to be approved. Unless otherwise stated in this section, the development standards and land uses which are presented with an application for amendment shall, if approved, become the standards for the subject property and as such shall become a part of these zoning regulations.

D.Required Report and Plans.

The plans required for inclusion in an application shall be prepared by a registered engineer, architect, land surveyor or landscape architect, proof of which shall be their official registration seal appearing on the plans submitted. Each Mixed Use Development shall consist of a written report and a set of site plans prepared in accordance with the following guidelines:

Written Report. A written report shall be submitted which will explain the type, nature, size, intent, and characteristics of the proposed development. This report shall include, where applicable:

1.General description and location.

2.The physical and socio-economic reasons as to why the uses proposed in the planned development would provide a better overall use of this property over the current zoning.

3.The proposed provision of utilities, including water, sewer and drainage facilities.

4.The proposed methods for protection of abutting properties.

5.The proposed densities and total number of acres or square footage for each allowable type of land use, including public facilities and common open space or recreational areas.

6.The proposed maintenance and ownership agreements for any streets and common open spaces not proposed for dedication to the City of Sugar Hill.

7.The proposed standards of development, including restriction on the use of the property, setback requirements and proposed restrictive covenants.

8.The names and mailing addresses of all adjoining property owners.

9.Additional relevant data as required by the City Manager.

Required Site Plans.

A detailed site plan prepared by a registered engineer, architect, land surveyor or landscape architect shall be required for all Mixed Use Developments. The required site plan shall include as a minimum the following information:

1.A survey of the property indicating all property dimensions, property size, adjoining owners, scale, north arrow and tie in point to a known location (road intersection/land lot corner, etc.)

2.Topography with contour intervals no greater than 20 feet.

3.Lakes, ponds, and floodplains and the sources of floodplain data.

4.Proposed subdivision of the property, streets, ingress and egress to each building site, internal access and circulation (both pedestrian and auto), off-street parking areas, and public facilities and open areas.

5.Storm water detention areas.

6.The proposed architectural style and siting of all structures.

7.Lot lines, sizes, setbacks and proposed location, shape, size, height and lot coverage of all structures.

8.Floor plans and elevations of all typical units.

Administrative Review.

All of the above identified requirements of the written report and site plan, as well as any other requirements of this zoning ordinance, shall be met before the Mixed Use Development re-zoning request is presented to the Planning Commission for its review and recommendation. Specific requirements of the administrative review process are as follows:

1.The City Manager shall be responsible for reviewing the written report and site plan, and verifying the adequacy of both to appear on the Planning Commission agenda.

2.The City Manager shall periodically prepare, post and distribute a timetable for his review and verification of the required exhibits.

3.Neither the Planning Commission, Director, nor any other appointed official shall possess the authority to waive any of the written report or site plan requirements.

4.An applicant for a Mixed Use Development re-zoning may present a written request to the City Council to waive individual requirements of the written report or site plan; however, a separate request must be submitted for each requested waiver, and must include a specific and valid reason as to why the waiver is necessary. Economic hardship shall not constitute or be considered as a valid reason for a waiver request.

E.Types of Mixed Use Developments.

Commercial Office Districts (COD)

1.A commercial office district must abut either Peachtree Industrial Boulevard or Nelson Brogdon Boulevard for a distance of at least 250 feet.

2.The site proposed for a COD classification must contain an area of fifty (50) acres or more unless specifically approved by the City Council due to special and unusual circumstances. In no case shall the minimum size be less than thirty (30) acres.

3.A commercial office district is intended to provide for the possibility of a relatively large scale Mixed Use Development which combines a variety of commercial office and institutional uses, incorporates innovative concepts of efficiency and land use, public service delivery, energy conservation and environmental preservation. The COD shall make maximum use of natural features and through proper site planning measures shall be designed to substantially conform to the existing character and development pattern of the surrounding area.

4.Uses allowed inherently. The following uses are those specifically permitted in a COD:

a.All uses allowed inherently in the HSB, BG, and OI classifications with the exceptions of the following uses: auto repair shops or tire stores including lubrication or tuneup centers (full service and self service); convenience stores; gasoline stations, service stations, and carwashes;

group and congregate personal care homes; mobile buildings; automotive sales lots and associated service facilities (new or used); boarding and rooming houses; equipment rental; mini warehouse/personal storage facilities; moving van or truck rental facilities; taxi/limousine service; transportation terminals for passengers; facilities engaging in the business trade or professional of psychic reading, fortune telling, astrology, phrenology, palmistry, clairvoyance, or other related practices, mortuaries, cemeteries and mausoleums.

5.Restriction of the allowable uses. The following is a set of restrictions placed on the above listed inherently allowed uses:

a.A minimum of 10% of the land area contained in the development shall be dedicated or set aside as common open space. The uses inherently allowed in HSB and BG contained in the COD shall not exceed 75% of the land area. Uses inherently in the OI district shall not exceed 75% of the land area.

6.Additional requirements. Where a COD abuts an AF, RS150, RS175, RS200, or RS100 district, said COD shall contain a 50 foot wide undisturbed or densely landscaped buffer along the abutting property lines. The fifty foot buffer requirements shall be added to the side or rear yard requirements and shall be left or planted in such a manner as to create a visual screen between the development and the adjacent residential areas.

Commercial Office Residential District (COR)

1.A commercial office residential district must abut Nelson Brogdon Boulevard for a distance of at least 250 feet.

2.The site proposed for a COR classification must contain an area of fifty (50) acres or more unless specifically approved by the City Council due to special and unusual circumstances. In no case shall the minimum size be less than twenty

(20)acres.

3.The intent of the commercial office residential district is to provide for the possibility of a relatively large scale, Mixed Use Development which combines commercial office, institutional, and residential uses, which incorporates innovative concepts of efficiency and land use, public services delivery, energy conservation, and environmental preservation.

4.Uses allowed inherently. Two or more of the following uses shall be present and allowed inherently within the development:

a.All uses inherently allowed in the following districts: RS200, RS 175, RS150, RS 100, R36, OI, HSB, and BG provided that the following uses shall not be allowed: auto repair shops or tire stores including lubrication or tune-up centers (full service and self-service); convenience stores; gasoline stations, service stations, and carwashes; group and congregate personal care homes; mobile building; automotive sales lots and associated service facilities (new or used);

boarding and rooming houses; equipment rental; mini warehouse/personal storage facilities; moving van or truck rental facilities; taxi/limousine service;

transportation terminals for passengers; facilities engaging in the business trade or profession of psychic reading, fortune telling, astrology, phrenology, palmistry, clairvoyance, or other related practices, mortuaries, cemeteries and mausoleums.

5.Restrictions of the allowable uses: The following is a set of restrictions placed on the above listed inherently allowed uses:

a.A minimum of 20% of the land area shall be dedicated or set aside as common open space. Amenity packages for the residential portions of the development may be included within the 20% open space requirements.

b.Uses inherently permitted in the R36 district may not exceed 20% of the land area.

c.Uses inherently allowed in the RS 200, RS 175, RS 150, and RS 100 districts shall not exceed 60% of the total land area.

d.Total residential uses for the development shall not exceed 65% of the total land area.

e.Uses inherently permitted in the OI district shall not exceed 50% of the land area.

f.Uses inherently allowed in the HSB and BG district shall not exceed 50% of the land area.

g.The maximum density of the residential portion of the development shall not exceed 6 units per acre. Density shall be calculated by dividing the number of residential units by the number of acres of the development allotted to residential development. Any acreage included in the open space requirement shall not be included for density requirements. The area included for density requirements also shall not include more than 50% of any flood plain or stream buffer area.

F.General Provisions.

1.The City Manager is authorized to approve minor changes to Mixed Use Developments without submitting the changes to the Mayor and Council. Minor changes include increases in lot sizes, decreases in density or the number of lots or residential units, street modifications that are required by Gwinnett County Department of Transportation or the Georgia Department of Transportation for safety reasons and which do not affect the general street layout or number of access points to the development, and minor adjustments to layout required as a result of engineering data not available at the time of the approval of the plan by the Mayor and Council and which does not significantly change the development or adversely impact any adjacent properties. Any major changes in the development and the site plan approved as part of the approval of the development shall be resubmitted to the Mayor and Council as a zoning change and shall require approval of the Mayor and Council. Major changes include, but are not limited to, reductions in lot sizes, changes in the wording of any zoning conditions specifically approved by the Mayor and Council, increase in density or the number of lots; street modifications that would affect adjacent properties, change the basic street structure of the development or change the number of entry or exits to the development, or other changes deemed by the Director of Planning and Development to constitute major changes.

2.A site plan shall be incorporated into each ordinance approving a Mixed Use Development and shall be a condition of zoning. Any changes to the site plan which constitute a major change as described above shall constitute a change in zoning and shall require a submittal to the Mayor and Council. If changes are made at the time of approval of the zoning which require changes to the site plan submitted and reviewed by the Mayor and Council, the Mayor and Council may provide in its ordinance for the necessary changes to be made and submitted to the City Manager for approval. Upon such approval by the City Manager, a copy of the revised and approved site plan shall be submitted to the Mayor and Council at their next monthly meeting and placed on the agenda for acceptance and ratification by the Mayor and Council.

3.At the time of approval of the development, the Mayor and Council may place appropriate conditions on the development which requires the sequencing of the development. By way of example, the Council may require that no more than 50% of the residential development be completed and occupied before at least 25% of the commercial or office development is completed and occupied.

§ 1004

CONSERVATION SUBDIVSION DISTRICT (CSD)

A.Purpose.

To encourage the development of residential communities, that are density neutral, designed to preserve and protect environmental resources, scenic vistas, and natural and cultivated landscaped.

To enhance land, water, air, and tree/vegetation resources by minimizing the area of land disturbance, reducing impervious surface, optimizing stream buffers, preserving vegetation cover and encouraging the provision of open space.

To reduce infrastructure maintenance costs as a result of efficient community design.

To provide open space and pedestrian linkages and wildlife corridors among residential communities and to encourage recreation opportunities.

To preserve significant historical and archeological features.

To preserve and protect contiguous undeveloped areas within the development.

B.Applicability.

This district may be requested utilizing the public sanitary sewer system. Any conditions of zoning or special use approval of the underlying district shall also be observed (exception: lot area, width or quantity). For properties which are submitted for rezoning to CSD, the applicant shall declare the intent to utilize this district at the time of application and the application shall be accomplished by a Concept Plan and Existing Features Site Analysis Plan meeting the requirements of this section.

C.Permitted Uses.

Those uses permitted in the RS-100 zoning district are permitted, not including Special Uses.

D.Existing Features Site Analysis Plan.

At the time of development, or if a zoning action is proposed, an Existing Features Site Analysis Plan, sealed by a registered engineer, registered architect or registered landscape architect, analysis is to identify areas that are most significant for open space designation. However, preliminary meeting(s) with the City Manager prior to a formal submittal is required. The Plan shall include at least the following information;

Delineation of streams, 100-years floodplains and wetlands to include the source of this information.

Topography contours at intervals no greater than 4 feet.

Identification of tree lines, woodlands, open fields or meadows.

Delineation of tree resource areas by type such as hardwood, pines or mixed; and old or new growth.

Delineation of steep slope areas (i.e. greater than 25%).

Identification of historical or archeological features.

Identification of significant wildlife habitats and scenic vistas as identified by the Georgia Department of Natural Resources or the Comprehensive Plan.

Identification of existing structures and easements.

Identification of open space in adjacent developments.

E.Concept Plan.

At time of development, a Concept Plan shall be submitted by the developer for review and approval in accordance with the requirements and procedures of the Development Regulations.

If a zoning action is proposed, the rezoning site plan shall include the following information:

Delineation and specifications of open space including calculations and exclusions; and any “pocket parks,” “greens,” or trail system to be constructed.

A typical detail on the plan including dwelling size, lot width, building setback lines, off-street parking, street trees, sidewalks, and street pavement and right-of-way width.

Lot width average, area and percent of floodplain specifications in tabular form; and density calculations (gross and net).

F.Open Space Requirements.

In order to qualify for this overlay district, open space shall meet the following requirements:

Delineation.

Priority shall be given in delineating open space areas as those areas of significance identified in the Existing Features Site Analysis Plan.

Undeveloped and Natural.

Open space shall remain undeveloped and natural except for the provision of non-motorized passive recreation opportunities such as running, walking, biking, and similar outdoor activities. Exceptions: “pocket parks,” “greens,” “retention ponds”, and “underground storm water facility” in open space. A “pocket park”

or “green” is a landscaped area larger than 0.33 acres constructed for community gathering or play or visual enhancement. “Pocket Parks” or “greens” shall not exceed 10% of the total open space. At least 75 percent of the open space shall be in a contiguous tract. The open space should adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

Additionally, the open space shall maintain a minimum width of 20 feet in all areas.

Exclusions.

Excluded from meeting the minimum amount of open space are the following:

i.Proposed Permanent Lakes, streams, ponds etc.: No more than 30% of land area located within a proposed lake may be credited.

Recreation Area Improvements.

Impervious surfaces in recreation areas shall not be credited.

Easement.

Land area within power or gas pipeline easements shall not be credited.

Other.

Land area devoted to public or private streets or any land that has been, or is to be, conveyed to a public agency via a purchase agreement for such uses as parks, schools, or other public facilities shall not be credited.

Ownership:

Open space shall be owned in fee-simple by a mandatory property owner’s association; or third party(s) approved in advance by the City Council prior to transfer of land ownership. The developer shall record the deed to the open space prior to, or concurrent with, the recording of the first final subdivision plat. An access easement following the alignment of future public streets is acceptable.

However, “pocket parks” or “greens” may be deeded concurrent with the unit or phase of the final subdivision plat of which it is a part.

Property Owner’s Association:

The property owner’s association bylaws or covenants, at a minimum, shall contain the following provisions:

i.Governance of the association by the Georgia Property Owner’s Association Act (OCGA Section 44-2-220 et. Seq.) or a successor to that Act that grants lien rights to the association for maintenance expenses and tax obligations.

Responsibility for maintenance of the open space.

Responsibility for insurance and taxes.

Automatic compulsory membership of all lot purchasers and their successors; and compulsory assessment.

Conditions and timing of transferring control of the association from the developer to the lot owners.

Guarantee that the association will not be dissolved without the advance approval of the City Council.

Maintenance:

The property owner’s association, or other entity approved in advance by the City Council, shall be responsible for the continuous maintenance of buffers, open space, recreation area, common areas, and detention ponds etc.

Conservation Surety:

Open space delineated in the concept plan shall be permanently protected by the developer’s conveyance of an undivided fee simple interest in the open space to the mandatory property owner’s association referenced in Section 902A.6.d., and to each of the individual lot owners of the new subdivision. The deed conveying the open space pursuant to this paragraph shall be recorded and delivered to the property owner’s association prior to the approval of the final plat for the first phase of the subdivision. In addition, the final plat for each phase of the Subdivision shall contain the following statement:

“open space delineated on this plat is permanently protected and shall remain undeveloped and natural subject to certain exceptions contained in Sugar Hill’s Conservation Subdivision Overlay District regulations.”

In addition, the deed conveying the open space shall contain the following language:

“The land conveyed herein shall remain permanently protected open space shall not be cleared or developed except in accordance with Section 902A6.b. of the Zoning Ordinance of the City of Sugar Hill.

The developer’s deed to the mandatory property owner’s association shall contain a statement that the interest conveyed in the deed runs with the land and benefits all future lot owners within the subdivision.”

G.Density.

The subdivisions in CSD district shall not exceed maximum net density in the underlying district, and provide at least the percent of open space defined in §902 A. 6., as stated below:

RS-100 3 units/acre with 40% open space 4 units/acre with 50% open space

H.Development Requirements.

Subdivisions in this overlay district shall meet the following requirements unless a Special Use Permit is submitted and approved by the City Council:

a.Minimum subdivision Size: 10 contiguous acres.

b.Lot Area: Minimum lot size 5,000 sq. ft., except that each building lot shall not contain more than 20% of its area within the 100-year floodplain elevation.

c.Average Lot Width: The average width of all building lots shall be at least 60 feet.

Exceptions: Lots that abut non-overlay properties shall meet the standard width requirement of the underlying district; or, open space at least 50 feet wide shall be provided.

d.Minimum Road Frontage per Lot: 40 feet.

Exceptions: Road frontage may be reduced to 20 feet for lots with frontage upon cul-de-sac or “eyebrow cul-de-sac” turnaround.

e.Minimum Yard Area (Setback):

Front: 20 feet. Exception: The front yard set back may be reduced to 5 feet if dwellings are provided side or rear entry garages. To qualify for the reduced setback on a corner lot, side entry garages must be located to the side adjacent to an abutting lot.

Rear: 20 feet.

Side: 5 feet.

f.Exterior Project Street Frontage Open Space Strip:

50 feet in width (not part of any building lot). Landscape entry features such as fences and walls may be allowed in the open space strip.

g.Maximum Height: 35 feet.

h.Minimum Floor Area: Each dwelling unit shall have a minimum heated finished living area, excluding a basement, attic, carport or garage, as follows:

One Story: 1,600 square feet.

Two Story: 1,800 square feet.

i.Sodded Yards: All grassed areas on dwelling lots shall be sodded.

j.Garages: Each dwelling unit shall have two-car garage.

k.Street Trees: Street trees, in accordance with the requirements of the Buffer, Landscape, and Tree Ordinance, shall be provided.

l.Underground Utilities: Utilities shall be located underground.

I.Administrative Variance.

The City Manager may approve an administrative variance for a project developing in phases to allow clearing and grading for the whole project provided that the site is stabilized and the developer undertakes best management practices and complies with all soil erosion and sedimentation control measures applicable to the project. The City Manager may approve an administrative variance for setbacks, lot sizes, lot area or reduction of open space. Said administrative variances shall not exceed a reduction of more than ten percent of the area required by the ordinance and shall be granted only If the applicant demonstrates in writing a hardship or justification for said variance in accordance with the standards set forth in Section 1505 (3) of this ordinance.

ARTICLE 11.

OFFSTREET PARKING