§ 3.39.1. General provisions.

A.

Statement of purpose and intent. The purpose and intent in establishing the Bouldercrest-Cedar Grove-Moreland Overlay District, hereinafter referred to as the "district," is as follows:

1.

To ensure that future development and redevelopment is consistent with the policies and intent of the SDAT Report (Southwest DeKalb Planning Study) and the 2005—2025 DeKalb County Comprehensive Plan;

2.

To encourage development and redevelopment of properties in the district in order to achieve a variety of mixed-use communities;

3.

To provide for the development of sidewalks and walkways in order to promote safe and convenient pedestrian access, and to reduce dependence on automobiles and other motorized means of transportation;

4.

To promote physically attractive, environmentally safe and economically sound residential and non-residential developments and communities;

5.

To encourage mixed-use developments containing both non-residential and residential uses so as to create pedestrian-oriented communities where people can live, work and play;

6.

To improve the visual appearance and increase property values within the Bouldercrest-Cedar Grove-Moreland community;

7.

To enhance the long-term economic viability of the district by encouraging new commercial, industrial and residential developments that increase the tax base and provide employment opportunities for the citizens of DeKalb County;

8.

To establish and implement the policies and objectives of the district design guidelines as referenced in this division;

9.

To encourage the inclusion of publicly accessible open spaces in all new developments in the district;

10.

To establish and maintain a balanced relationship between industrial, commercial, and residential growth to ensure a stable and healthy tax base in DeKalb County;

11.

To provide a balanced distribution of regional and community commercial and mixed-use office centers in the district;

12.

To support medium-density housing and mixed-use centers which have the appropriate location, access, and infrastructure to support such development;

13.

To encourage mixed-use developments that meet smart growth goals and objectives;

14.

To allow flexibility in development standards to encourage the design of innovative development projects that set high standards for landscaping, green space, urban design, and public amenities;

15.

To encourage efficient land use and development plans that offer employees and residents the opportunity to fulfill their daily activities with minimal single occupant automobile trips;

16.

To allow and encourage development densities and land use intensities that are capable of making productive use of alternative transportation modes such as bus transit, rail transit, ridesharing, bicycling and walking;

17.

To encourage the formation of well designed, pedestrian-friendly activity centers with high-density commercial and residential development that increases vitality and choices in living environments for the citizens of DeKalb County;

18.

To protect established residential areas from encroachment of incompatible or adverse uses, and to protect the health, safety and welfare of the citizens of DeKalb County; and

19.

To promote uniform and aesthetically pleasing architectural features which serve to unify the distinctive visual qualities of the district, and to preserve and enhance the character of the overall community.

B.

Scope of regulations. This division establishes standards and procedures that apply to any development, use, and alteration of real property, as well as height, density, parking, open space, publicly accessible open space, building, street, and signage requirements on any lot or portion thereof which is in whole or in part contained within the boundaries of the district.

C.

Application of regulations. This division applies to each application for a land disturbance permit, building permit, certificate of occupancy, or sign permit which involves the construction, development, use, alteration, or modification of any structure on property that is in whole, or in part, contained within the boundaries of the district. The procedures, standards, and criteria herein apply only to that portion of a property located within the boundaries of the district. In the case of a conflict with underlying zoning district regulation(s), the district's standards shall govern. Prior to approval by the director of planning and sustainability and issuance of any land development permit, the conceptual design package shall be submitted to and approved by said director after consultation with the district commissioner(s) and super district commissioner(s) whose jurisdictions fall within the boundaries of the district, to insure consistency with the requirements of this division.

D.

Exemptions. The following are exempt from the district's regulations:

1.

Ordinary maintenance and repair of buildings and structures legally existing before the adoption of this division;

2.

Modification or expansion of residential structures legally existing before the adoption of this division, unless the existing floor area as of the date of adoption of this division is increased by at least forty (40) percent;

3.

Addition of accessory structures to single-family residential properties legally existing before the adoption of this division, including but not limited to decks and porches; and

4.

Expansion of non-residential buildings legally existing before the adoption of this division that is less than ten (10) percent of the building's existing gross floor area as of the date of adoption of this division, or one thousand five hundred (1,500) square feet, whichever is greater.

E.

Innovative design. By enacting this division, the board of commissioners authorizes the director of planning and sustainability to approve proposed developments that provide for unique site features and innovative designs that comply with both the district design guidelines and the requirements and standards set forth in this division.

F.

District design guidelines. The district design guidelines for the Bouldercrest-Cedar Grove-Moreland Overlay District, hereinafter referred to as the "district design guidelines," shall be used to promote proper design criteria for property located within the district and shall guide the director of planning and sustainability in deciding whether a proposed design complies with the requirements of this division. The district design guidelines shall provide acceptable architectural design controls, landscaping, detailed drawings, signage, fencing, lighting, street and site furniture and hardscape elements for developments in the district. The district design guidelines, the original of which shall be maintained in the office of the department of planning and sustainability, may be amended by the director of planning and sustainability or his designee after consultation with the respective district commissioner(s) and super district commissioner(s) whose jurisdictions fall within the boundaries of the district.

( Ord. No. 15-06 , 8-25-2015)