Columbus, Georgia

AN ORDINANCE



No.



An Ordinance amending Ordinance No. 04-108, which adopted a Unified Development

Ordinance (UDO) for Columbus, Georgia; to amend certain sections of the Unified

Development Ordinance of the Columbus Code so as to correct certain omissions

and typographical errors; and for other purposes.



-----------------



NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:



Section 1.



Section 3.2.72.K.1.A.of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 3.2.72.K.1.A. to read as

follows:



?A tower structure shall not be placed within 300 feet of a residential

structure.?



Section 4.2.1.C.of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new Section 4.2.1C to read as follows:



?All existing nonconforming dumpsters in the Columbus Consolidated Government

jurisdiction shall be in compliance with these regulations no later than 18

months from the effective date of this UDO.?



Chapter 12 is hereby amended by adding a new Article to read as follows:

? Article 7. Right to Impose Development Standards

Section 7.1.1. Authority.

If a development standard was inadvertently omitted from the UDO Ordinance or

these amendments thereto, the Department of Planning and the Columbus Council

reserve the right to impose such development standard as it existed prior to

the effective date of the UDO Ordinance.?



Section 4.5.4.F.2.of the Unified Development Ordinance is hereby deleted in

subparagraphs (B) and (C) of this section in its entirety and there is

substituted a new section 4.5.4.F.2. to read as follows:



?(B) expansion of the gross square feet of buildings or a site?s physical

development, by 50% or greater

(C) an expansion of the gross square feet of buildings or sites physical

development that cumulatively totals more than 50% since the effective date of

the original Buffer Ordinance (April 29, 1999).?



Section 4.6.4.B.1.of the Unified Development Ordinance is hereby deleted in the

existing language of this section in its entirety and there is substituted a

new section 4.6.4.B.1.to read as follows:



?Review and approve or disapprove all plans required by Articles 5, 6 and 7 of

the Chapter.?



Section 4.6.6.B.1.(B) of the Unified Development Ordinance is hereby deleted

the effective date of (June 4, 2002), of this section in its entirety and there

is substituted a new section 4.6.4.B.1.(B) to read as follows:



?(October 2, 2002)?



Section 4.6.6.B.2.(B).of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 4.6.6.B.2.(B).to read as

follows:



?The standards shall apply to additions cumulatively totaling more than 10,000

square feet since the effective date of the original Tree Protection ordinance

(October 2, 2002).?



Section 4.6.6.E.1 of the Unified Development Ordinance is hereby deleted in

subparagraphs (B) and (C) of this section in its entirety and there is

substituted a new section 4.6.6.E.1 to read as follows:



? (B) expansion of the gross square feet of the buildings or a sites physical

development by 50% or greater

(C) an expansion of the gross square feet of buildings or a sites physical

development totaling more than 50% since the effective date of the original

Tree Protection Ordinance (October 2, 2002)?



Section 4.6.19. is hereby added to the Unified Development Ordinance as a new

section to read as follows:



?Section 4.6.19. Enforcement and Administration.

A. Review of Tree Protection and Tree Planting Plans.

1. Review.

The City Arborist shall review and approve or disapprove all tree protection

plans and tree planting plans submitted as required by this Article.

Period for Review.

The City Arborist shall review and approve or disapprove a plan within 15

working days after it is filed.

2. Issuance of Certificates and Permits.

B. Fast Track Projects.

A site development permit, residential development permit, certificate of

occupancy or building permit shall not be issued without the approval of the

City Arborist signifying compliance with the provisions of this Article.

1. Cooperative Review.

On any project, which the Planning Director determines to be a fast track,

large economic development project, the Arborist shall work with the Community

Project Team, the Development Authority, the developer and the company

representatives to comply with the 15-day permit turn around time.

2. Status of Projects.

These are special projects determined by the Columbus Consolidated Government,

and it is intended for this action to be processed concurrent with all other

permitting actions relating to a project in support of its fast track

designation.

C. Revocation, Suspension or Voiding of Permits and Certificates.

The City Arborist shall have the authority to revoke, suspend or void any site

development permit, final inspection or building permit or to withhold any

certificate of occupancy or approval of a final plat, and shall have the

authority to suspend all work on a site or any portion thereof, where tree

removal or damage occurs in violation of this Article or the provisions of the

approved Tree Protection and Planting Plan for the site. The City Arborist?s

authority to suspend work on a site shall have the concurrence of the Director

of the Department of Public Services.

D. Falsification of Information.

It shall be unlawful to falsify any information contained in any application,

plan or report required by this Article or this Chapter to tree preservation,

protection, installation or similar action. If the City Arborist makes a

written determination that a person has falsified any required application,

plan or report, such person:

shall not be permitted to certify compliance with this Chapter for a period of

five years;

shall submit and implement a revised tree protection and planting plan approved

by the City Arborist; and shall be subject to a minimum fine of $500.00 for

violation of this Section.

E. Penalty.

The penalty for any violation of this Article shall be in accordance with the

applicable portions of the City Code. Each day of any violation of any

provision of this Article shall constitute a separate offense. Any action which

results in the death or destruction of a public tree located on Columbus

Consolidated Government property shall be subject to a fine in an amount equal

to $100.00 for each inch of diameter at breast height or stump diameter if the

tree is no longer present, up to a maximum fine of $1,000.00. All money

collected from fines shall be deposited in the Tree Replacement Fund.?



Article 7 of the Unified Development Ordinance is hereby deleted in its

entirety, and it is renamed as follows:



?Article 7. Additional Tree Requirements?



Section 10.8.1.B.5.of the Unified Development Ordinance is hereby deleted in

this section in its entirety and there is substituted a new Section 10.8.1.B.5

to read as follows:



?An application for a building permit may proceed simultaneously with an

application for project approval of a site development plan, but the permit may

not be issued prior to project approval of such site development plan by the

Director of Engineering.?



Chapter 12, Article 1. of the Unified Development Ordinance is hereby

deleted in its entirety and there is substituted a new section Chapter 12,

Article 1 to read as follows:



?Article 1. Purpose of Chapter 12



This Article sets out the structure for administering and enforcing this UDO,

including the responsibilities and procedures of the Director of Planning, the

Director of Inspections and Code, and the Director of Engineering in carrying

out enforcement activities.?



Section 12.3.1.B. of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 12.3.1.B. to read as follows:



?The Director, or the Director?s designee, shall be responsible for

the receipt, review and processing of all applications for the design layout of

subdivisions and development projects.?



Section 12.3.1.C. of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 12.3.1.C. to read as follows:



?As the agent for all authorizations related to the use land and buildings, the

Director, or the Director?s designee, shall be responsible for enforcement of

all requirements and restrictions of this UDO related to the design layout of

subdivisions and development projects.?



Section 12.3.4.is hereby added to the Unified Development Ordinance as a new

section to read as follows:



?Section 12.3.4. Director of Inspections and Code



A. Responsibilities.

The Director. or the Director?s designee, shall be responsible for the receipt,

review and processing of all applications for the construction of buildings and

structures, and the use and occupancy of buildings, structures and lands within

the Columbus Consolidated Government jurisdiction.



B. Enforcement.

As the issuing agent for all permits and authorizations related to buildings

and structures, the Director or the Director?s designee, shall be responsible

for enforcement of all requirements and restrictions of this UDO related to the

construction of buildings and structures and the use or occupancy of land and

buildings.?



Section 12.4.3.A. of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 12.4.3.A. to read as follows:

?If the Director of Planning, the Director of Inspections and Code or the City

Arborist finds that a provision of this UDO is being violated relating to the

use or occupancy of land or structures, lot standards, landscaping, buffers,

tree preservation and replacement, parking, signage or any other standard or

provision, other than land disturbing activities as may be authorized by a

development permit, or relating to a condition of approval established in

connection with a grant of variance or zoning change, the appropriate

Enforcement Officer shall notify the person responsible for such violation in

writing.?



Table 2.1.3. is hereby deleted in its entirety and there is substituted a new

table 2.1.3.to read as follows:



Table 2.1.3.

Property Development Standards for Residential Accessory

Structures not in the RE Districts

Dimension Standard

Maximum Height (feet) 14

Maximum Lot Coverage 30% of rear yard

Minimum Setbacks (feet)

Side

Side Corner

Rear

5

Same as principal structure

5

Minimum Building Separation 6 feet from any other structure



Section 2.1.4.B. of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 2.1.4.B.to read as follows:

?Additional standards applicable to permitted and special exception uses are

indicated by an ?*? in the Notes column of Table 3.1.1 of Chapter 3.?



Table 2.1.4. is hereby deleted in its entirety and there is substituted a new

table 2.1.4.to read as follows:



Table 2.1.4.

Property Development Standards for Residential Estate Accessory Structures

Dimension Zoning District

RE10RE5RE1

Maximum Height (feet) Same as principal structure

Maximum Lot Coverage Included in coverage for principal structure

Minimum Setbacks (feet)

Front

Side

Side Corner

Rear

100

50

50

100

100

50

50

75

50

25

25

50

Minimum Building Separation 6 feet from any other structure



The Use Category, for Personal Care Homes, Type II; Dwelling, Duplex; Dwelling,

Condominium; Dwelling, Multifamily; Dwelling, Single Family Detached; Dwelling,

Townhouse; and Dwelling, Zero Lot Line; under Residential and the Use Category

for Personal Care Homes, Type I, II, and III under Commercial as shown in Table

3.1.1. are hereby deleted in their entirety and there are substituted these new

Use Categories in Table 3.1.1, under Residential to read as follows:

Use Category H

I

S

T R

E

10 R

E

5 R

E

1 R

T S

F

R

1 S

F

R

2 S

F

R

3 S

F

R

4 R

M

F

1 R

M

F

2 M

H

P U

P

T C

R

D N

C R

O C

O GC S

A

C L

M

I H

M

I T

E

C

H N

O

T

E

S

Legend: Blank=Prohibited Use P=Permitted Use SE=Special Exception Use

=Additional standards apply- see Article 2.

Residential

Dwelling, Condominium P P P P P P

Dwelling, Duplex P P

Dwelling, Multifamily P P P P P

Dwelling, Single Family Detached P P P P P P P P P P

Dwelling, Townhouse P P P P

Dwelling, Zero Lot Line P P

Personal Care Home, Type II SE SE P P



Section 3.2.24.D. of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 3.2.24.D.to read as follows:

?A type II facility may operate as a principle use in any nonresidential zone.?

Section 3.2.66.D.4.of the Unified Development Ordinance is hereby deleted in

its entirety its title and there is substituted a new section 3.2.66.D.4.title

to read as follows:

?Sixteen or More Residents?

Section 3.2.67.D.of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 3.2.67.D.to read as follows:

?The maximum capacity for a Type II facility shall be 25 residents.?

Section 3.2.72.I.1.of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 3.2.72.I.1. to read as

follows:



?Antennae attached to existing buildings or structures other than

towers shall not increase the total height by more than 30 feet.?

Section 3.2.72.N.1.(A), title, of the Unified Development Ordinance is hereby

deleted in its entirety its title and there is substituted a new section

3.2.72.N.1.(A), title, to read as follows:

?(A) Statement of Commitment?

Table 4.3.3. the category Places of Worship, 250 or more Seats of the Unified

Development Ordinance is hereby deleted in its entirety and there is

substituted a new category in Table 4.3.3. to read as follows:



Places of Worship, 250 or more Seats Same as Places of Worship, Less than 250 Seats Same as

Places of Worship, Less than 250 Seats



Section 4.4.3.of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 4.4.3. to read as follows:



?All sign applications shall be reviewed and approved or denied by the Director

of Inspections and Codes, within fifteen working days of the date of the

application.?

Section 4.4.10.B. subtitle of this section of the Unified Development Ordinance

is hereby deleted in its entirety and there is substituted a new section

4.4.10.B. subtitle for this section, to read as follows:

?B. UPT, NC, CO, GC, LMI and HMI Zoning District Ground/Monument Sign.?

Section 4.4.13.A. of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 4.4.13.A. to read as follows:



?Billboards are permitted in GC, LMI, and HMI zoning districts and are subject

to compliance with all other provisions of this Article.?



Section 4.4.14.A.of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 4.4.14.A.to read as follows:



?Multiple message signs shall be permitted in GC, LMI, and HMI zoning

districts under the following conditions.?

Table 4.5.1. is hereby deleted in its entirety and there is substituted a new

table 4.5.1.to read as follows:



Zoning of Adjacent Parcel Zoning of Parcel to be Developed, Redeveloped or Expanded

RE10, RE5, & RE1RT, SFR1, SFR2, & SFR3SFR4, RMF1, RMF2, & MHPNC, RO, CO, CG &

SACM/IL, M/IH & TECHPUD, PCD, PM/ID & Overlay

RE10, RE5,

& RE1 N/AN/A1BCDTBD2

RT, SFR1, SFR2, & SFR3 N/AN/ABCDTBD

SFR4, RMF1, RMF2, & MHP N/AN/AN/ACDTBD

RO, NC, CG

& SAC N/AAAN/ACTBD

LMI, HMI & TECH BAACN/ATBD

PUD, PCD, PM/ID & Overlay TBDTBDTBDTBDTBDTBD

Notes.

1N/A means Not Applicable.

2TBD means to be determined by individual approval for planned development or

overlay district.





Section 4.5.13.A.1.of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 4.5.13.A.1.to read as

follows:



?Unless otherwise provided herein, all buffers and plant materials shall be

installed prior to issuance of a certificate of occupancy. Installation shall

include submission to the Director of Inspections and Code Enforcement and the

City Arborist of a planting or landscape plan indicating the dimensions,

category and option of buffer installation. Installation shall be verified by

the City Arborist prior to issuance of a certificate of occupancy or a final

building inspection being performed.?

Table 6.4.3. is hereby deleted in its entirety and there is substituted a new

table 6.4.3..to read as follows:



Standard RE10 RE5 RE1 RT SFR1 SFR2 SFR3 SFR4

Min Area per lot (sq. ft.) 435,600 217,800 43,560 20,000 15,000 10,000 7,500 6,000

Min Lot Width (ft.) 250 200 125 110 100 75 60 60

Associated Area (sq. ft.)

Min. Street* 7,500 6,000 3,750 3,300 3,000 2,250 1,800 1,500

Efficiency Loss** 0 0 0 1,000 750 500 375 300

Total per Lot 7,500 6,000 3,750 4,300 3,750 2,750 2,175 1,800

Avg. Gross Area per lot 443,100 223,800 47,310 24,300 18,750 12,750 9,675 7,800

Max. Density (units per usable acre) 0.0983 0.1946 0.9207 1.7926 2.3232 3.4165 4.5023 5.5846

* Minimum Lot Width x ? R.O.W. (30 feet from centerline)

** No efficiency loss for lots of 1 acre or greater. Smaller lots equal to 5%

of the minimum lot size.



Section 7.3.4.A.2. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 7.3.4.A.2.to read as

follows:



?2. The minimum distance between all other street intersections, measured

centerline to centerline, shall be no less than 250 feet or more than 1,000

feet on the same side of the road.?

Section 7.3.5.F.2. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 7.3.5.F.2 to read as

follows:



?2. Minimum Frontage.

All lots shall front on a minimum of 25 feet of dedicated public right-or-way

or upon a right-of-way that has received the legal status of such, except as

provided for within specific zoning districts in Section 7.4.2.



Section 7.8.3.E.2. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 7.8.3.E.2.to read as

follows:



?Minimum design speeds and maximum grades for proposed streets by street

classification shall comply with Table 7.8.2.?



Section 7.8.3.E.5. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 7.8.3.E.5.to read as

follows:



?Intersections within subdivisions shall be designed with a grade not to exceed

eight percent for a minimum distance of 100 feet.?



Section 7.8.5.B.1. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 7.8.5.B.1.to read as

follows:



?In the case of apartment complexes or corporate entities a private drive or

street name may be utilized for addressing purposes provided it is reviewed and

approved through the Geographic Information Division (GIS) of the Department of

Engineering and provided it meets the minimum safety requirements set forth

below. The drive or street shall not serve more than one business or complex

and shall be restricted to using a single name and number for the entire

complex.?



Section 8.5.6.B.7. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 8.5.6.B.7. to read as

follows:



?For any altered or relocated watercourse, the Director of Engineering submit

engineering data and analysis within six months to FEMA to ensure accuracy of

the community flood map through a letter of map revision process. In addition,

the Director of Engineering shall assure flood-carrying capacity of any altered

or relocated portion of a watercourse is maintained.?

Section 9.2.3.C.5. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 9.2.3.C.5. to read as

follows:

?5. Modification of Development Approvals.

To recommend approval, approval with conditions or denial of modifications to

development approvals previously granted to the Council.?

Section 10.1.2.D.3. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 10.1.2.D.3. to read as

follows:

?A building permit is issued by the Director of Inspections and Code

Enforcement based on review and approval of architectural plans. Buildings

falling under the authority of the State Fire Marshall shall be approved by the

Director of Inspections and Code Enforcement prior to issuance of the building

permit.?

Section 10.2.7.A. of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 10.2.7.A. to read as follows:

?The Planning Advisory Committee and the City Council shall consider the

standards listed below in considering any zoning proposal that would result in

a change in the boundary of a zoning district, giving due weight or priority to

those factors that are appropriate to the circumstances of each proposal.?

Section 10.3.3.C.2. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 10.3.3.C.2. to read as

follows:

?For property of over 100 acres, a smaller scale may be used where, in the

judgment of the Director of the Planning, presentation of detailed data is not

necessary to evaluate the entire project. It is the intent of this provision

that in all cases sufficient information shall be provided for an adequate

evaluation of the public and private improvements.?

Section 10.6.2.A. of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 10.6.2.A. to read as follows:

?Prior to submission of an application for final plat approval, all public

improvements shall have been properly installed and completed in accordance

with all requirements and standards of this UDO. However, installation of

traffic signs, street name signs, street striping and signalization shall not

be required prior to submission.?

Section 10.8.1.B.4. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 10.8.1.B.4. to read as

follows:

?Prior to the issuance of a building permit, a zoning verification shall be

obtained from the Director of Inspections and Code.?

Section 10.8.1.B.4.(B).of the Unified Development Ordinance is hereby deleted

in its entirety and there is substituted a new section 10.8.1.B.4.(B).to read

as follows:

?For a multifamily or nonresidential building, the site plan upon which was

granted project approval by the Director of Inspections and Code.?

Section 10.8.1.C.2.of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 10.8.1.C.2. to read as

follows:

?A copy of the zoning verification approved by the Director of Inspections and

Code.?

Section 10.8.1.C.3.of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 10.8.1.C.3. to read as

follows:

?For multifamily or nonresidential projects, three copies of the site plan

requesting or reflecting project approval by the Director of Inspections and

Code.?

Section 10.11.2.B.of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 10.11.2.B.to read as follows:

?The Director of Inspections and Code shall administer the appeals process

including:

1. acceptance of application;

2. referral of the appeal to the appropriate administrative official;

3. forwarding the appeal to the BZA; and

4. maintaining a record of the proceedings of the BZA?

Section 10.11.4.C.1.of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 10.11.4.C.1. to read as

follows:

?1. Director of Inspections and Code.

The Director of Inspections and Code, upon a finding that a special exception

variance complies the standards for approval contained in this Section, may

administratively approve such special exception variance within and not

exceeding the parameters listed below.?

Section 10.11.8.E.2.B.of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 10.11.8.E.2.B. to read as

follows:

?(1) A minimum of seven days prior to public hearing, the applicant shall

cause a notice to be mailed to all persons with interest and all property

owners within 200 feet of the property that is the subject matter of the

request. The written notice shall be mailed to the property owners as such

names and addresses appear on the ad valorem tax records.?

Section 12.4.1.A.1.of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 12.4.1.A.1.to read as

follows:

?1. Investigations.

The Director of Planning, the Director of Engineering, the Director of

Inspections and Code Enforcement and the City Arborist, independently and

separately, shall have the power to conduct such investigations as may be

reasonably deemed necessary to assure or compel compliance with the

requirements and provisions of these this UDO under their respective

administrative roles.?

Section 12.4.3.A. of the Unified Development Ordinance is hereby deleted in its

entirety and there is substituted a new section 12.4.3.A.to read as follows:

?If the Director of Planning, the Director of Inspections and Code or the City

Arborist finds that a provision of this UDO is being violated relating to the

use or occupancy of land or structures, lot standards, landscaping, buffers,

tree preservation and replacement, parking, signage or any other standard or

provision, other than land disturbing activities as may be authorized by a

development permit, or relating to a condition of approval established in

connection with a grant of variance or zoning change, the appropriate

Enforcement Officer shall notify the person responsible for such violation in

writing.?

Section 12.5.4.A.1. of the Unified Development Ordinance is hereby deleted in

its entirety and there is substituted a new section 12.5.4.A.1.to read as

follows:

?Any person who violates any provisions of this UDO, the rules and regulations

adopted pursuant hereto, or any permit condition or limitation established

pursuant to this UDO or who negligently or intentionally fails or refuses to

comply with any final or emergency order of the Director of Planning, the

Director of Inspections and Code, or the City Arborist, issued as provided in

this UDO shall be liable for a civil penalty not to exceed $1,000.00 per day.?





Section 2.

All ordinances or parts of ordinances in conflict with this ordinance

are hereby repealed.



--------------------



Introduced at a regular meeting of the Council of Columbus, Georgia, held on

the _______ day of ____________________, 2005; introduced a second time at a

regular meeting of said Council held on the ______ day of

_______________________, 2005, and adopted at said meeting by the affirmative

vote of ________ members of said Council.







Councilor Allen voting____________.

Councilor Anthony voting__________.

Councilor Davis voting____________.

Councilor Henderson voting________.

Councilor Hunter voting___________.

Councilor McDaniel voting_________.

Councilor Rodgers voting__________.

Councilor Suber voting____________.

Councilor Pugh voting_____________.

Councilor Woodson voting__________.











______________________ _______________________

TINY B. WASHINGTON ROBERT S. POYDASHEFF

CLERK MAYOR