Pl+residential+district+regulations+passed+sept+2008

R1 Residential District Regulations Section 1. Scope of Provisions Section 2. Purpose and Intent Section 3. Definitions Section 4. Yards and Lots Section 5. Principal Permitted Uses Section 6. R1-PD Residential District Planned Development Subarea Section 7. Open Space Section 8. Landscaping Section 9. Height Section 10. Walls and Fences Section 11. Parking, Driveways and Access Section 12. Materials Section 13. Limitations on Construction on a Concrete Slab Section 14. Fenestration Section 15. Accessory Dwellings Section 16. General Requirements Section 17. General Prohibitions Section 18. New Homes Section 19. Heritage Home Status Section 20. Illustrations

Section 1. Scope of Provisions The regulations set forth in this chapter, or set forth elsewhere in the city code and referenced in this chapter, are the regulations in the R1 Residential District, sometimes referred to elsewhere in the city code as the ‘R District’. Section 2. Purpose and Intent The purpose and intent of this chapter in establishing the R1 Residential District is as follows. 1. Continue to value Pine Lake’s architectural traditions and history as a camp-like retreat in the woods, with century-old trees, natural landscapes, diverse and creative residential designs, and modestly-sized cottage-type homes, while incorporating them into a dynamic, progressive 21st century community. 2. Sustain and enhance the affordability of Pine Lake homes for people of all occupations, incomes, ages and lifestyles. 3. Encourage unique and varied residential designs, so that each new home has a distinct architectural character and opportunity for individual creative expression. 4. Encourage the preservation of homes consistent with Pine Lake’s unique style of cottage-type “heritage homes.”

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5. Protect and enhance the lake, streams, wetlands, and parks; the bird sanctuary and wildlife diversity; and the entire natural environment. 6. Encourage effective solutions for reducing energy and water consumption and improving the quality of stormwater runoff, 7. Reinforce the safety of residents through homes and properties that provide “eyes on the street,” allowing each resident to become a watchful presence, and through other practices that promote crime prevention through environmental design. 8. Encourage social interaction of individual neighbors and their friendly engagement in community events and activities, through thoughtful planning and design of public streets, “walkability”, open space and facilities. 9. Promote mindful planning and design. Section 3. Definitions The following definitions apply to the R1 District. Words used in this chapter, but not defined in this chapter, are as defined by the Zoning Ordinance, as amended hereafter. 1. Accessory dwelling unit: A secondary dwelling unit that is located on the same lot as the primary dwelling unit, and that has maximum size limits set forth in this chapter. An accessory dwelling unit must be one of the following three types. a. In-home accessory dwelling: Located within the primary single-family home, including a unit above an attached garage. b.

Garage accessory dwelling: Located above a detached garage.

c. Outbuilding accessory dwelling: Located within an outbuilding that existed on October 9, 2008. 2. Average roof elevation: Measured above the uppermost story, the mean of the distance between the lowest and the highest point of the tallest roof. Mansard and A-frame roofs will not be measured below the top of the highest first-story window. 3. Building height: Building height is measured above the uppermost story. Building height is the mean of the sum of the least and the greatest vertical distance between the average roof elevation and the building’s average exterior ground level. 4. Duplex: A building with two (2) dwellings where neither unit is an in-home accessory dwelling. Within the R1 District, duplexes are permitted only on lots where a duplex existed, and was in use as a duplex, on October 9, 2008.

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5. Facade: The exterior wall of a building, not including any roof area, and not including attached chimneys, eaves or other protruding features that are permitted to extend into required yard setbacks in the R1 District. 6. Front facade: The building facade that is adjacent to and facing the front yard. 7. Heritage Home: A Heritage Home is a property designation, which is chosen by a property owner, by request to council, and which is identified as a Heritage Home lot within the R1 District on the official zoning map. A Heritage Home incorporates features that reflect many of the characteristics of the older camp cottages in Pine Lake, as further defined in this chapter. 8. One and one-half story home: A residential structure that is designed such that it appears that a half-story living space has been created in the attic space of a onestory single-family home, in the space between top of the first-floor ceiling joists and the roof rafters, and which may also have a basement or elevated foundation. Any exterior building facade between the first-floor ceiling joists and the upper story roof rafters must have a height of five (5) feet six (6) inches, or shorter. Fifty (50) percent or less of the half-story floor area must have a ceiling height of eight (8) feet or greater. The roof structure may include dormers or shed type appendages for windows, balconies and similar, which may increase the half-story’s usable area. 9. Primary structure: Within the R1 District, a single-family dwelling is the primary structure, primary dwelling unit, and primary residence on a fee-simple lot. Garage accessory dwellings and outbuilding accessory dwellings are secondary structures. 10. Residential front yard: A residential front yard is an area between a street right-ofway and the primary dwelling. For new homes on corner or through lots, such street is the same as the street address. For existing grandfathered homes on corner or through lots, such street is the street the front door is facing or, if not facing, the street nearest the front door or from which an entry area to the front door is defined. Changes to front door orientation on corner or through lots require a recommendation by the ARB, or other board or city official appointed by the mayor, and an administrative approval of a special exception for a change of residential front yard street orientation, by the city administrator, indicating that all other code requirements for the new front and side yards are met. 11. Single-family dwelling: A single residence, also called a home, on a fee-simple lot, which may also include a maximum of one (1) accessory dwelling unit as defined in this section.

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Section 4. Yards and Lots 1. Minimum building setback requirements from the property line: a. Front yard setback: A front yard is required, with a minimum depth of twenty (20) feet from the adjacent street right-of-way. Through-lots are not permitted. b. Side yard setback: Two side yards are required, each with a minimum depth of ten (10) feet from the side property lines. c. Rear yard setback: A rear yard is required, with a minimum depth of ten (10) feet from the rear property line, and not fronting a street. d. Increased front yard setback for longer front facades: Front facades with a horizontal length greater than thirty six (36) feet will have a front yard set back of thirty six (36) feet or greater, and with a horizontal length greater than fifty (50) feet will have a front yard setback of fifty (50) feet or greater. e. Accessory structures: Accessory structures, other than fences and walls when allowed, must be placed to the side or rear of the principal structure, and within the buildable area of the lot, so as not to project beyond the front facade of the principal structure, or into required yard setbacks, unless otherwise allowed. 2. Limitations on projections into required yard setbacks: a. Eaves, sills, belt courses, cornices, bays, chimneys, stoops, steps, decks and ornamental features, are allowed to project no more than thirty (30) inches into any required yard setback area, except when projections are otherwise allowed. b. Flues, ducts, pipes, energy generation devices, air conditioners, and the like are allowed to project no more than thirty (30) inches into any required rear yard setback area, except when projections are otherwise prohibited. c. Unenclosed porches, stoops, and entry areas, as regulated in the R1 District, may be located within the required front yard setback, provided that such porches, stoops and entry areas extend no more than ten (10) feet into the required front yard setback, and provided that such porches, stoops and entries are not enclosed; with the exception that porches with sixty (60) square feet of floor area and larger may be screened with sheer screening fabric. Steps from such porches and stoops may encroach an additional eight (8) feet into the required front yard setback. 3. There is no minimum square footage requirement for residences, except as provided under county building code requirements.

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4. Minimum lot size requirements: a. Lot width: Sixty (60) feet of continuous street frontage along a single street. b. Lot depth: One hundred (100) feet at all points along the required street frontage. c. Lot area: Six thousand (6,000) square feet. d. Accessory dwelling units are only permitted on lots that meet minimum lot width requirements. 5. Interior floor area of the primary dwelling: The interior floor area includes any interior heated space and any air conditioned space, including interior lofts and, as such, includes basements, attics and garages that have either heat or air conditioning. a. The interior floor area of a primary dwelling must not exceed two thousand six hundred (2,600) square feet, when located on a lot where the greatest single street frontage length is sixty (60) feet or less and the lot area is six thousand (6,000) square feet or less. b. On all other lots, the interior floor area of the primary dwelling must not exceed two thousand six hundred (2,600) square feet plus an additional eight (8) square feet for every one hundred (100) square feet of lot area that exceeds six thousand (6,000) square feet, up to a maximum of three thousand two hundred (3,200) square feet of floor area. c. The interior floor area of the primary dwelling includes the floor area of any inhome accessory dwelling unit. d. No variance will be accepted or approved that would allow a home that has greater than two thousand six hundred (2,600) square feet of floor area to be on a lot where the lot width is less than sixty (60) linear feet, or the lot area is less than six thousand (6,000) square feet. 6. Lot coverage: In order to maximize greenspace and encourage decisions that reduce stormwater run-off as calculated in the stormwater chapter of the code, the following maximum lot coverage limits will apply. Lot coverage is the percentage of the total ground area that is covered with an impervious surface. a. All front yards within the required front yard setback, excluding front porch areas: Twenty five (25) percent.

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b. Entire lot area for Heritage Home lots: Thirty (30) percent on lots smaller than one (1) acre and twenty (20) percent on lots one (1) acre and larger. c. Entire lot area for all other lots smaller than one (1) acre: Twenty five (25) percent. d. Entire lot area for all other lots one (1) acre or larger, and lots located within contiguous development parcel one (1) acre or larger: Twenty (20) percent. e. Lot coverage credit for decks: To encourage low-impact expansion of living areas though the use of decks, for every two (2) square feet of actual deck area one (1) square foot will be deleted from the lot coverage area, up to a maximum of one hundred fifty (150) square feet of actual deck area per lot, provided that: i. Either grass, ground cover or other plants can be sustained, and cover the ground under the deck; or the ground area beneath the deck that is not covered with plants is entirely mulched with loose gravel, stone or other city approved mulch material, and ii. Spacing between decking is a minimum of one-half (½) inch. f. Front porch lot coverage credit: Front porches that are within thirty five (35) feet of a street right-of-way, serve the front door entry area of the house, and have no other story above, will have up to one hundred (100) square feet of the porch area deleted from the total lot coverage. 7. No variance will be accepted or approved that would have the effect of allowing the subdivision or reconfiguration of any lot where a single-family home existed on or after October 9, 2008; when such variance would create a nonconforming lot, nonconforming required yard setback, nonconforming interior floor area of the primary dwelling; nonconforming lot coverage, or create a new or enlarged, or reconfigured R1-PD District Subarea.

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Section 5. Principal Permitted Uses The following Principal Permitted Uses Table contains a list of the principal permitted uses within the R1 District. Certain permitted uses are required to obtain, prior to establishment of that use, approval of either an administrative use permit from the city administrator; or a special use permit from city council after public notice and hearing; which approval confirms that the particular zoning requirements related to that use have been met. Such required permits are indicated on the Principal Permitted Uses Table. Principal Permitted Uses Table ■ = use permitted

max = maximum

min = minimum

sf = square feet

R1 RESIDENTIAL DISTRICT - PERMITTED USES

Residential Dwelling, single-family Dwelling, two-family (duplex): - only on R1-PD lots, and lots with this use on October 9, 2008 Dwelling, multifamily: (only permitted under an R1-PD designation) - max number of units and lots equals the number of units in use on the subject property on October 9, 2008. Dwelling, accessory dwelling unit: one (1) per single-family dwelling .-.max floor area is the smaller of 599 sf (800 sf for Heritage Homes) or 40% of the floor area of the primary single-family dwelling. Dwelling, cluster homes: Only permitted under an R1-PD designation Max number of lots equals R1-PD area divided by min R1 lot size. Dwelling, family care home: ( group living) - max 6 residents Dwelling, group care home: 7-15 residents (only permitted under an R1-PD designation and must meet all R1-PD requirements) Other Uses Community institutions: Federal, State, County, or City managed or owned, such as club house, post office, police station and school Group day care: 7-15 clients Home day care: max 6 clients Home occupation: max 1 unrelated employee and 25% of floor area Public parks and open space and public recreational facilities Private and non-profit schools, parks and recreational facilities Religious institutions and churches: min ½ acre Special events/festivals/temporary markets Yard sales: max 3 days. Yard sale signs: max 4 days, beginning one (1) day prior to sale

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■ ■ Special Use Permit Administrative Use Permit Special Use Permit Special Use Permit Special Use Permit

■ Special Use Permit Special Use Permit ■ ■ Special Use Permit Special Use Permit Administrative Use Permit Administrative Use Permit obtain 72 hours prior to sale

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Section 6. R1-PD Residential District Planned Development Subarea Within the R1 District, until such time as council determines that a property meets all requirements of R1-PD subareas of the R1 District, and designates it R1-PD on the zoning map, neither new cluster homes, nor new, redevelopment or expansion of multifamily will be permitted. Council may attach zoning conditions to ensure neighborhood compatibility. 1. Within the R1 District, certain lots may qualify to be council designated as R1-PD, and thereafter developed or redeveloped as multifamily or cluster homes, provided that lots meet the following criteria for one (1) of the two (2) types of R1-PD. a. Type One R1-PD Vacant: Property was vacant on October 9, 2008 and is larger in area than thirty six thousand (36,000) square feet. The maximum number of lots or units equals property area divided by the minimum R1 District lot size. b. Type Two R1-PD Grandfathered: Property was developed and in use as duplex or multifamily on October 9, 2008. The number of units will not be increased. 2. R1-PD requirements: Properties must meet Type One R1-PD or Type Two R1-PD criteria, be compatible with the neighborhood, and meet the following requirements. a. Open space requirements are met or exceeded. b. All R-1 district requirements are met, except that a fee-simple cluster home or townhouse lot, whose entire street frontage is internal to an R1-PD subarea, may reduce the lot size and side yard setback, in keeping with zoning conditions. The number of lots or units must never exceed that permitted under the R1-PD type. c. R1-PD perimeter required setbacks are equal to or greater R1 District setbacks. d. New cul-de-sac and dead-end streets are prohibited. e. New streets and street segments establish a grid of exiting and future streets. f. Streets will be through streets, which either connect with other through streets, or are located and constructed in such a way that through streets will be created when future planned, or possible future planned, adjacent streets are built. g. Off-street parking areas containing more than four (4) parking spaces, and any area used for loading, service or maintenance, must be screened from view of any adjacent R District and any street or public open space. h. No lot or property that, on October 9, 2008, was located within the R1 District and did not meet R1-PD requirements, is allowed to remove a single-family dwelling, or combine or reconfigure property, or increase lot area; when such actions result in such lot or property meeting R1-PD requirements. R1 Residential District

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Section 7. Open Space 1. R1-PD openspace requirements: Parcels designated R1-PD must provide dedicated common open space that is equal in area to twenty five (25) percent of the R1-PD area or greater; and which includes common park space, trails and sidewalks, which are continuous, provide easy access to adjacent neighborhoods and, prior to any occupancy permit being issued, are constructed and connect with existing or future planned streets, open space, trails, and sidewalks, in keeping with other city requirements. In addition, each dwelling unit must have private open space. 2. Properties adjacent to public open space: To establish the security of public spaces and implement public safety through environmental design, open, continuous views are encouraged to be maintained from private properties into adjacent public open space. No new structures, walls, fences, or hedges that screen such views will be located within twenty (20) feet of any property designated as public open space. Section 8. Landscaping The following will enhance the neighborhood’s prominent character of an informal, varied, natural landscape. 1. Permitted plants include, but are not limited to, those found on the city approved plant materials list. Bradford pear, kudzu, privet vulgare and other city restricted plant materials are not permitted. 2. Existing, natural surface drainage ways, flood areas and water retention areas will be preserved whenever feasible, and be landscaped with ground cover and plants commonly found in such natural areas, for the purposes of minimizing stormwater run-off, allowing percolation to cleanse water, and preventing siltation of streams. 3. With the exception of seasonal gardens in side or rear yards, no ground area is to be left exposed. All ground area is to be covered with grass or dense ground cover or, when not in the flood plain, is to have natural plant mulch, pea gravel or other city approved mulch material underneath trees, shrubs, perennials or seasonal flowers. Ground area that becomes exposed often does not effectively absorb stormwater and often produces erosion, and such ground area will be considered a lot coverage area. 4. A minimum of one (1) rain barrel, used to collect rainwater from the roof, is required for each new home and garage, and any expansion of an existing home or garage that has existing gutters. Such rain barrels must be tied to either the stormwater detention system or detention area, and must be installed with distributor hoses that collect and distribute rainwater for gardens and landscaping. 5. To promote eyes on the street and public safety through environmental design, shrubs planted underneath or in front of a front facade window will have a maximum mature height of forty two (42) inches or the height of the window sill, R1 Residential District

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whichever is greater, and will be maintained at that height or less. Individual shrubs planted to form a hedge in the front yard area will have a maximum mature height of forty two (42) inches, and the hedge will be maintained at that height or less. Section 9. Height Building height is calculated as described under the Definitions section of the R1 District. 1.

Maximum building height: a. Primary dwelling slab-on-grade: Twenty three (23) feet. b. Primary dwelling, not slab-on-grade: Twenty seven (27) feet. c. Designated Heritage Home, not slab-on-grade: Thirty (30) feet. d. Garage accessory dwelling: Twenty three (23) feet. e. All other structures: Fifteen (15) feet, or when a free-standing, non-polluting energy generating device, no taller than a height required for proper functioning, but not taller than the primary structure.

2. Maximum height of certain energy devices: The height of non-polluting, energy generating devices such as wind generators, solar panels, solar water heaters and similar devices, when attached to a structure or mounted on the roof of a building, is allowed to be twenty (20) percent higher than the maximum allowed height of such structure or building, provided that: a. The energy generating and energy efficiency device is not located in the front yard, and does not impair views or access to the front door or front entry area. b. Additional height is required for the proper functioning of the device. c. No other location is reasonably available that would be less visually intrusive, and in which the device would function without increased height. d. Birds and other wildlife are not adversely affected. e. The increased height, as viewed from a public space or the street, is harmonious with the desired character and height of homes on the street or block. 3. A one and one-half story home is the maximum number of stories; except that a lot that slopes downward from the street is allowed a maximum of two (2) stories, provided that it meets fenestration requirements on all side and rear facades; and the finished floor elevation of the first story is a minimum of eight (8) feet below the average elevation of the adjacent street, and is entirely above the original ground level. The original ground level is the ground elevation prior to any new grading. R1 Residential District

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Section 10. Walls and Fences 1. The height of walls and fences, including wall/fence combinations, and including screening walls, retaining walls, and free-standing walls, when located in the front yard will be forty two (42) inches or less; when located in the side yard and within ten (10) feet of the primary dwelling’s front facade, will be forty two (42) inches or less; and in all other areas will be six (6) feet or less. 2. On corner lots, the height of screening walls, retaining walls and any free-standing wall located in side or rear yards within ten (10) feet of the street right-of-way will be forty two (42) inches or less; and fences located on top of such walls will have a total wall and fence combination height of six (6) feet or less. 3. Walls and fences originating above ground level for the purpose of screening decks, porches, balconies, or similar outdoor structures, will have a height of forty two (42) inches, or less, above such structure’s floor; unless such structure is located entirely in the rear yard and is not seen at any point from the street. 4. Retaining walls, which are greater than forty two (42) inches in height and are within ten (10) feet of any front or side property line, are not permitted to have a combined length greater than twenty (20) linear feet. 5. Walls and fences will not extend beyond property lot lines. 6. Walls, fences and hedges will not extend into any adjacent public right-of-way or public open space, and will in no case be located closer than six (6) feet from any street curb or edge of street pavement. 7. The finished side of any two-sided fence will face the street, lake, park, trail, or other public area.

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Section 11. Parking, Driveways and Access The following requirements regulate parking, driveways and other lot access. 1. No requirements for parking, drives, walks, or other access will be construed or interpreted in such a way as to prevent application or enforcement of accessibility requirements, or to prevent improved accessibility where reasonably needed. 2. Minimum setbacks for detached garages: Any detached garage must be located either in the rear yard, or twenty (20) feet or greater behind the home’s front facade, not including front porches, bay windows, balconies and similar features. Additionally, on corner lots, the side yard setback is twenty (20) feet or greater from the side street right-of-way and no closer to the street than the principal structure. 3. Setbacks for garage doors: Setbacks for garage doors that face the street, including doors on detached and attached garages and garages beneath an upper story, are the same as the minimum setbacks for detached garages, described above. No garage door is allowed to face the street unless the minimum setback is met or exceeded. 4. Widths of garage doors that face the street: The maximum width of a single-car garage door is twelve (12) feet; a two-car garage door is twenty four (24) feet; and a total of all garage doors that face the street on one (1) lot is twenty four (24) feet. 5. Parking pad length: Parking pads may have a reduced length of sixteen (16) feet, provided that the entire end of the pad abuts a landscaped area with a depth of two (2) feet or greater that allows for overhanging vehicle bumpers; except that to avoid larger parked vehicles overhanging the public right-of-way, the minimum driveway or parking pad length, when measured from the right-of-way, is twenty (20) feet. The minimum length for all other parking pads is eighteen (18) feet. 6. Widths of drives and parking pads: Minimum width is seven (7) feet on lots with one (1) single-family dwelling, and eight (8) feet on all other lots. Maximum single width is ten (10) feet and maximum double width is twenty (20) feet. 7. A minimum of one (1) off-street parking pad is required for each dwelling unit, unless additional parking is required under other code requirements. 8. To reduce the impervious surface area of drives and parking, landscaped strips between wheel drive areas are encouraged. At a minimum, whenever an impervious drive or parking area is (10) feet wide or wider, a continuous, two and one-half (2 ½) foot wide, pervious surface landscaped area must run the length of such drive or parking area between wheel drive areas; except at driveway aprons in the street right-of-way, at walkway crossings, and where slopes exceed eight (8) percent. 9. With the exception of permitted street access, drives and parking will be located a minimum of eighteen (18) inches from any adjacent property lot line, except that a R1 Residential District

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curved drive may be twelve (12) inches from a lot line at one (1) point of the curve. 10. A continuous landscaped area with a three (3) foot width, or wider, is required between drive or parking areas and any principal building or accessory structure, with the exception of garage entrances; and except that such landscaped area width may be reduced to eighteen (18) inches where a parking area or drive is located within a narrow side or rear yard between a residential structure and a property line. 11. Street access: To minimize the number of driveway and parking cuts, also called drive cuts or curb cuts, a maximum number of drive cuts are allowed as follows. a. Lots with more than ninety (90) feet of street frontage: (1) drive cut no wider than twenty (20) feet, or two (2) drive cuts no wider than ten (10) feet each. b. R1-PD developments fronting on two (2) or more streets and having one hundred and eighty (180) feet or greater street frontage: Two drive cuts, provided that there is no more than one (1) drive cut per street, and each drive cut is no wider than twenty (20) feet. c. All other lots: (1) drive cut no wider than twenty (20) feet, provided that no single-family dwelling is permitted more than two (2) drive cuts, regardless of the number of lots. d. Exception for steep lots: Lots with steep slopes down from the street, and no reasonable way to provide required parking except within the front yard, are allowed two (2) drive cuts, when used for two (2) parking spaces not wider than ten (10) feet each, and not located directly in front of the home’s front facade. 12. No drive or parking area will be located between a primary dwelling and the street, in an area that is directly in front of the dwelling’s front facade, except a drive to an attached garage that meets all other R1 District requirements. 13. Shared driveway access between two adjacent properties is allowed; provided that parking is located such that shared drives are not utilized for overflow parking. 14. Side-by-side drives and parking on adjacent lots must be separated by a continuous landscaped area that includes shrubs or trees and is three (3) feet wide or wider. 15. Walkways will connect the primary front entry area to the street, and all Visitability code requirements will be met. 16. Raised granite curbs are required along all improved or new streets, including new private streets. The traditional granite curb along public streets is the property of the City and any excess or found granite curb must be reported to the city administrator, and then either given to the City, or laid on the flat side to form a driveway apron, or used to form the street curb, in accordance other city granite curb requirements. R1 Residential District

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Section 12. Materials In addition to the types of construction and landscape material referenced below, the property owners may utilize materials listed on the city approved materials list. 1. Permitted building facade materials are natural wood, brick, hard stucco, natural stone and cementitious composite stone, and cementitious composite board. Prohibited building facade materials include decorative metal siding that covers more than thirty (30) percent of any building facade, and includes any vinyl siding, standard metal siding, concrete blocks and non-cementitious composite board. 2. Chimneys: Any portion of a chimney that projects out from an exterior wall will originate at grade and will be brick, natural stone, cememtitious composite stone, hard stucco, or architectural concrete masonry units (C.M.U.). Wood, cementitious composite board, shingles and similar siding is prohibited. 3. Facade material design: The use of contrasting materials to add visual interest is encouraged. The mix of types of siding/veneer materials must be consistent and proportionate on all sides of the structure. 4. Visible foundation materials: With the exception of existing brick buildings with brick foundations, foundations must be a distinct building design element and contrast with the building facade. Permitted foundation materials are brick, stone, cementitious composite stone, hard stucco, tile, architectural concrete masonry units (C.M.U), and poured concrete. Poured concrete foundations must be painted, stained, or faced with a city approved material. Standard, unfinished, concrete block must be faced with a city approved material. 5. Gravel mulch, stone mulch, and other city approved surface mulch material is encouraged to be used, where topographic conditions permit, instead of asphalt or concrete for parking areas, drives, walkways, and drainage ways. Section 13. Limitations on Construction on a Concrete Slab 1. Construction of dwelling additions on a concrete slab is allowed only when all of the following criteria are met, with the exception of expansion of an outbuilding accessory dwelling that meets all other accessory dwelling unit requirements. The concrete slab construction: a. Expands the interior footprint of an existing concrete slab dwelling, b. Is prevented, by topographic conditions, from expanding the existing residence’s footprint on a raised foundation without providing steps up or down from the existing interior rooms to the proposed interior room, R1 Residential District

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c. Meets all other district requirements, including but not limited to height, size, location, materials and access, and requirements of the visitability code, d. Cannot be reasonably accomplished at another location that would allow for a raised foundation at the same finished floor elevation of existing structure, e. Does not intrude into the protected root zone of a Landmark Tree, and f. Is either not within the protected root zone of a canopy tree, or is located in the most suitable position to have the least impact on canopy trees. 2. Construction of parking slabs for garages and carports is allowed only when all of the following criteria are met. a. The garage or carport meets all other district requirements, including but not limited to height, size, location, materials and access. b. The slab does not intrude into the protected root zone of a Landmark Tree. c. The slab is either not within the protected root zone of a canopy tree, or is located in the most suitable position to have the least impact on canopy trees. Section 14. Fenestration Fenestration is the design and placement of windows in a building. Fenestration area is always calculated separately for each building facade. The following fenestration requirements apply to all residential buildings. 1. Minimum required fenestration area: Front facades must have windows that cover fifteen (15) percent of the front facade surface area, or greater; and all other facades that are seen from the street must have windows that cover eight (8) percent of each facade surface area, or greater. Required windows may be individual or grouped. 2. The required windows must be operable such that they can be opened, or be within doors that can be opened. 3. The required windows must provide natural light into and exterior views from occupiable rooms. 4. The required windows are not permitted to be painted, mirrored or visibly tinted glass or glass-like products, with the exception of bathroom windows. 5. All window panes must be recessed one and one-half (1 ½) inches or greater depth from the exterior facade, or have a trim that is a three-quarter (¾) inch or greater relief from the exterior facade. R1 Residential District

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6. Each occupiable room must have natural daylight and ventilation directly into the room from an adjacent exterior wall or roof, with the exception of utility rooms, storage spaces, interior bathrooms, and similar areas. Section 15. Accessory Dwellings For the purpose of encouraging a variety of affordable housing types, permitting small accessory dwelling units, and providing accessory structures that may be used for home offices or studio space, a maximum of one (1) accessory dwelling unit is allowed for each primary single-family residence, provided that all of the following criteria are met. 1. The accessory dwelling floor area is no greater than five hundred ninety nine (599) square feet or forty (40) percent of the floor area of the primary single-family dwelling, whichever is less; provided however that a Heritage Home is allowed eight hundred (800) square feet of accessory dwelling floor area, or forty (40) percent of the floor area of the primary single-family dwelling, whichever is less. When an accessory dwelling unit’s allowable floor area is exceeded, such dwelling unit is no longer considered an accessory dwelling unit, and when such dwelling unit is within a primary dwelling structure, that structure is defined as a duplex. 2. One (1) off-street parking space is provided in addition to other parking space requirements, which will meet all other parking area requirements. 3. A dedicated entrance is provided that does not require access through any portion of the primary dwelling, and is not the primary front entrance. 4. An outdoor sitting area, such as a porch, deck, terrace, balcony, lawn, or garden area, is provided for use at any time by the occupant of the accessory unit.

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Section 16. General Requirements 1. Should any requirement of the R1 District be in conflict with any requirement for stormwater, flooding and tree protection that is found in other code chapters, the more stringent requirement will apply; provided that no new lots or streets will be created that do not meet the requirements of the R1 district. 2. Adjacent homes must be substantially different from each other in design and character, such that the varied architectural character of the street is enhanced. 3. Tree protection: Every effort will be made to locate a structure such that there is no disturbance of the protected zone beneath landmark trees; and such that the structure is either not within the protected root zone of a canopy tree, or is located in the most suitable position to have the least impact on canopy trees. 4. Front facade entry area: A primary front entrance to the primary dwelling is required, which must be either from a front facade entry; or from a side entry area that is within five (5) feet of the front facade and is four (4) feet wide or wider. An inviting entrance to the home must be a prominent design feature that is clearly defined by means of a porch, portico, covered stoop, trellis, archway, flanking light posts, landscaping or other means that emphasize the entry. A walkway must connect the front facade entry area to the street. 5.

Mechanical equipment: Mechanical, electrical, communications, HVAC, and similar types of mechanical equipment, are required to be located either in a side yard not adjacent to a street, or in a rear yard, located ten (10) or more feet from any right-of way, and screened so that they are not visible from a street.

6. Building facade requirements: When applying any building facade requirement, each side of a building will be considered a separate facade face and will be calculated independently from one another. In the case of a round, curvilinear, or polygon building, the building will be equally divided into either three (3) or four (4) facades, the front facade face being a building elevation as seen from a street. 7. Varying building facade planes: To minimize the perceived visual bulk of a long or flat building facade, the plane of each facade must be varied every thirty (30) feet or less by a projecting bay, an inserted or projecting porch, a facade face that is stepped forward or back by a depth of twelve (12) inches or greater, or by utilizing similar architectural treatments that visually break up a facade plane. 8. Detached garages and accessory structures are only allowed to be constructed on lots with an existing primary dwelling unit, and on lots where a current building permit for the primary dwelling unit has been issued.

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Section 17. General Prohibitions The following is prohibited on all lots, including within any type of development, within the R1 District. See other sections of this chapter for additional prohibitions. 1. Chain link, barbed wire, razor wire, chicken wire and similar fencing elements, except that chicken wire may be used for containing composting areas, vegetable garden areas, or poultry and small livestock areas, where such areas are allowed. 2. Garage entrances that face the street and have any of the following characteristics; a.

Extend beyond a home’s front facade, into the front yard area, also known as “snout nose garages”,

b. Equal more than fifty (50) percent of the total front facade width of the primary dwelling’ c. Located less than twenty (20) feet back from the front facade of the primary dwelling, not including front porches and d. On corner lots, setback less than twenty (20) feet from any right-of way. 3. Garage and carport entrances that face the street, which accommodate more than two (2) cars parked side-by-side. 4. Parking pads and drives adjacent to a street, which have less than a twenty (20) foot depth measured from the right-of way. 5. Parking or driveways directly in front of any primary dwelling’s front façade. 6. Dwellings, except accessory dwelling units, that do not face the street; or which have no primary front entry area, or no walkway from the primary front entry area to the street. 7. Front entry areas or front doors that are blocked from view of the street. 8. Kudzu, Bradford pears, privet vulgare and other city restricted plants. 9. Gravel and stone used as more than fifty (50) percent of the ground cover in front yards and yards adjacent to the street, not including required parking and drives. 10. Bubble skylights on the roof plane that fronts the front yard. 11. Gated communities, or otherwise restricted vehicular access to streets or common parking areas, and any restricted pedestrian access to any required common park space, sidewalks or trails, within any type of development. R1 Residential District

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Section 18. New Homes The following additional requirements must be met by any home constructed after October 9, 2008, and such home that is thereafter renovated or enlarged or otherwise altered, and all new streets, and streets adjacent to such homes; and any expansion of a home that lost its grandfathered status under the regulations of the nonconformities chapter of this part. 1. All new homes will meet or exceed either Earth Craft Home certified, or LEED certified, or State of Georgia Energy Code for residential structures. 2. New homes will reinforce a wooded or natural character by utilizing shade trees, and a mix of under-story trees, shrubs and ground cover; informal plantings; and foot paths of natural mulch, gravel, or other city approved pervious mulch. 3. A minimum of one (1) rain barrel, used to collect rainwater from the roof, is required for each new home and garage, and any expansion of an existing home or garage that has existing gutters. Such rain barrels must be tied to either the stormwater detention system or detention area, and must be installed with distributor hoses that collect and distribute rainwater for gardens and landscaping. 4. All new homes will have a designated composting area in the rear yard area not visible from the street, which may be used by the future residents for composting grass clippings, leaves, and other kitchen, garden and yard waste. 5. For new homes on corner lots or through lots, the front yard location will be the same as the street address. A change of front door orientation of any corner or through lot to another adjacent street requires a recommendation, by the ARB or other board or city official appointed by the mayor, and administrative approval of a special exception for a change of residential front yard street orientation, by the city administrator, indicating that all other code requirements for the new front and side yards are met. 6. Minimizing the size of lawns is encouraged. Lawn area must be twenty five (25) percent, or less, of the total pervious surface area on the lot; and must be designed and utilized as a temporary water detention area, such as a “rain garden” wherever the topography makes this possible. Total pervious area is calculated as the total lot area, minus the lot coverage area. See Section 4. Yards and Lots. 7. If a home that existed on or after October 9, 2008 is removed and then replaced with a new home, thereafter any existing or new accessory dwelling unit within that lot will not be metered separately from the primary dwelling, by the utility entity. 8. No new home will use slab-on-grade construction. 9. Raised granite curbs are required at the street edge adjacent to the subject property. R1 Residential District

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Section 19. Heritage Home Status A variety of home styles throughout the R1 District is encouraged. Heritage Home status is an option for homeowners that choose the more traditional Heritage Home style. Heritage Home status has both additional benefits and additional requirements, as described below. It is solely the choice of the property owner to have their property designated Heritage Home status. When a property owner makes the decision to designate their property as Heritage Home status, the property owner must submit an application for a Heritage Home status to the city administrator, who will forward the application to a board or city official appointed by the mayor for a recommendation, and then to council for a public hearing and council action. Such council approved designation will be noted on the official city zoning map, and thereafter the property will be subject to all Heritage Home requirements, regardless of sale or transfer of property to another owner. 1. A Heritage Home will be designated as one of the following types: a. Old Heritage Home: Built or altered before 1955. b. New Heritage Home: Built after October 9, 2008. c. Renovated Heritage Home: Renovated to incorporate all Heritage Home features. 2. Heritage Home features: The following features are required for all designated Heritage Homes. a. Stone foundations: Foundations must be of natural stone or cememtitious composite stone, or faced with natural stone or cememtitious composite stone, or other city approved Heritage Home foundation materials, which must substantially differ from the facade material. b. The use of brick for foundations, walls, fences or residences is not permitted, with the exception of homes that utilized brick for such purposes before 1955. c. Brick or stone is not painted, unless it can be demonstrated that the subject Old Heritage Home had painted brick or stone before 1955. d. Stone features: Stone features, typical of Pine Lake homes prior to 1955, are encouraged. In addition to the required stone foundation, one (1) or more prominent stone features is required, which may be of natural stone, cememtitious composite stone, or other city approved stone-like materials. Such stone features include the following types.

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i.

Front entrance steps.

ii.

Chimneys.

iii.

Stone arch over doorways.

iv.

Stone walkway to the front door from the street or driveway.

v.

Barbeque pit.

vi.

Stone base wall for fences.

vii.

Other prominent stone feature typical of Pine Lake homes prior to 1955.

e. Stacked stone is not permitted. f. Porches: Any porch that serves as front facade entry area, and any porch located between the front facade and the street, must have a depth of six (6) feet or greater and have an area of sixty (60) square feet or greater, and will not be enclosed, but may be screened with sheer screening fabric. g. Stoops: Any stoops that serve as a primary entry area must be covered and must have a depth of three (3) feet or greater and an area of (9) feet or greater. h. Fenestration: Vertical windows arranged horizontally and aligned at the same height, except that transoms, gable windows, and same-size square windows arranged horizontally, are permitted. i. Window trim: A width of one and one-half (1 ½) inches or greater. j. Siding: Lap board or vertical board-and-batten or shakes, of wood or cementitious composite; or a stone siding of natural stone or cememtitious composite stone. k. Any wooden shakes are natural cedar. l. Maximum lot coverage area: Thirty (30) percent for lot sizes less than one (1) acre and twenty (20) percent on lot sizes of one (1) acre or greater. m. Front yard setback: Fifteen (15) feet or greater, except that a designated Old Heritage Home built before 1955 must retain the front yard setback that existed before 1955. n. Height: Thirty (30) feet or shorter, except that the height of a Heritage Home may be increased by the average height of the stone foundation above twenty four (24) inches, to a maximum increased height of three (3) feet. R1 Residential District

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o. Accessory dwelling units: All Heritage Homes are allowed to have an accessory dwelling unit with a maximum floor area of eight hundred (800) square feet, or forty (40) percent of the area of the primary dwelling, whichever is less. Accessory dwellings must have the same architectural style and materials of the primary dwelling. p. Wall and fence material must be of either natural stone or wood, or hard-coat stucco, or other materials that were used for that purpose on the subject property prior to 1955, or are on the city approved materials list. 3. Fenestration: Windows are required as indicated under the Heritage Home requirements. Where a western-facing facade on any New, Renovated, or Old Heritage Home cannot be reasonably shaded or screened from hot western sun, the fenestration area on such western-facing facade may be reduced to eight (8) percent of the facade area; except that for Old Heritage Homes the minimum required window area on an existing western-facing facade is equal to or greater than that which existed prior to 1955. 4. New Heritage Home additional requirements: a. Required front entry porch: A front entry porch is required, which will have a depth of six (6) feet or greater and an area of sixty (60) square feet or greater. b. Front door: A front door will be on the front facade, face the street, and located on the front porch. c. Fenestration: The window area is equal to or greater than twenty (20) percent of the area of the front facade and fifteen (15) percent of the area of other facades. d. Eaves, with a depth of twenty (20) inches or greater. e. Exposed rafter tails. f. In addition to other facade material requirements, any wood siding must be shiplap siding with a novelty style profile, or must be cedar shake. g. Windows must be wooden; pop-out divided light grills are not permitted. h. Roof materials must have a fifty (50) -year rating or more. 5. Renovated Heritage Home additional requirements: a. Home existed on October 9, 2008. b. Roof pitch is the same as a similar style Old Heritage Home within Pine Lake. R1 Residential District

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c. Fenestration: The window area on each building facade equals fifteen (15) percent of the facade area, or greater. d. A primary front entrance to the home must be either a porch or a covered stoop. 6. Old Heritage Home additional requirements: No Old Heritage Home will be required to increase or provide features that did not exist in that home before 1955. a.

Original home was built or altered before 1955.

b.

Roof pitch is the same pitch as built or altered before 1955.

c.

Ninety (90) percent or more of the footprint, roof line, exterior wall locations and window and door sizes and locations were built or altered before 1955.

d.

A primary front entry area to the home may be a porch, a covered stoop, or other feature that was characteristic of the home prior to 1955.

e.

Fenestration: The window area on each building facade equals fifteen (15) percent of the facade area, or greater.

f.

All other architectural features and materials of Old Heritage Homes either meet the Heritage Home features’ requirements, or the property owner will demonstrate that a Heritage Home feature or material was in place before 1955.

Section 20. Illustrations The drawings within this section are graphic depictions of some of the definitions and requirements of the R1 District, and are not intended to serve as independent regulations or requirements. Each illustration is intended to illustrate only the indicated requirement. All of other suggestions of design, such as architectural style, tree shapes or aesthetics, do not constitute a requirement of the R1 District.

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1. One and one-half story home

Example of a one and one-half-story home, with a dormer

2. Measuring height

The height of a home is the average height of the tallest roof.

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3. Driveway and parking options

Examples: Parking space with grass insets Driveway with grass between wheel drives

Grassed and other pervious areas in parking spaces and drives do not count towards the total lot coverage area.

4. Wall and fence combinations

Example of a wall and fence combination

The maximum height of a fence includes the height of any base wall.

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5. Garage accessory dwelling

Example of a lot with an accessory dwelling unit above a detached garage

Accessory dwelling units may be above a garage when: • • • •

the garage is located entirely in the rear yard of the home, the garage/accessory unit does not exceed 25 feet in height, the accessory unit is no larger than 599 sf (800 sf for Heritage Homes) and a maximum of 40 % of the size of the home, and one additional off-street parking space is provided.

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