AN ORDINANCE
NO.
An ordinance amending the Unified Development Ordinance (UDO) for Columbus,
Georgia so as to revise provisions related to appeals, watershed variances; and
for other purposes.
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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
SECTION 1.
Chapter 5 of the Unified Development Ordinance is hereby amended by amending
5.4.2. to add subsection C to read as follows:
C. Appeals to Council. Appeals to council shall conform to
Section 10.11.6.1 of this ordinance.
Chapter 9 of the Unified Development Ordinance is hereby amended by amending
Section 9.2.4.F.1 to add subsection (B) to read as follows:
(B). Wireless Communication Facilities. A decision by the Board
regarding an administrative appeal may be appealed to Council. The
appeal shall be filed within ten (10)
days of final decision by the Board.
Chapter 9 of the Unified Development Ordinance is hereby amended by amending
Section 9.2.5.J.8(A) to read as follows:
(A). Appeal from a decision of the Uptown Facade Board shall be made within
30 days to the Board of Zoning Appeals as provided in Section 10.11.7
of this ordinance.
Chapter 10 of the Unified Development Ordinance is hereby amended by creating
Section 10.11.6.1 to read as follows:
10.11.6.1 Watershed Protection Variances.
A watershed protection variance may be granted by the Council of Columbus
subject to the requirements of this Section.
A. Criteria for Variances. Watershed protection variances shall be limited to
relief from the following requirements:
1. If the applicant complies with the buffer widths and required practices, he
or she can secure no reasonable return from, nor make reasonable use of, his or
her property. Merely proving that the variance would permit a greater profit
from the property shall not be considered adequate justification for a
variance. Moreover, the local government shall consider whether the variance is
the minimum possible deviation from the buffer widths that shall make
reasonable use of the property possible; and
2. The hardship results from application of the buffer widths to the property
rather than from other factors such as unrelated deed restrictions; and
3. The hardship is due to the physical nature of the applicant's property, such
as its size, shape, or topography; and
4. The applicant did not cause the hardship; and
5. The variance is in harmony with the general purpose and intent of the
riparian buffer widths and required practices and preserves the purpose
thereof; and
6. In granting the variance, the public safety and welfare have been assured,
and the quality of downstream water, including but not limited to water used to
supply public drinking water, has been maintained or improved; and
7. The applicant certifies that the applicant has not and does not intend to
apply for a variance from the minimum buffer requirements contained in the
Georgia Erosion and Sedimentation Control Act for the same perennial stream or
streams for which a variance is sought pursuant to this paragraph.
B. Administrative Approval. The Director of Engineering, upon finding that a
watershed protection variance meets the standards for approval contained in
this Section, may administratively approve such watershed protection variance
within and not exceeding the following parameters:
The Engineering Department may allow a reduction of the 150-feet buffer
requirement of the 7-mile radius area of the Lake Oliver water supply reservoir
down to a 100-foot buffer along the banks of the reservoir boundaries.
The Director of Engineering shall grant a variance based on the criteria as set
forth in Section 10.11.6.1.A.
Chapter 10 of the Unified Development Ordinance is hereby amended by amending
Section 10.11.7 to add reference to the Uptown Fa?ade Board to read as follows:
Section 10.11.7. Variance from a Certificate of Appropriateness.
Any person adversely affected by any determination made by the Board of
Historic Architectural Review and/or the Uptown Fa?ade Board relative to the
issuance or denial of a certificate of appropriateness may appeal such
determination to the Board of Zoning Appeals.
A. Applications for Appeal.
1. Maximum Filing Period. Appeals must be filed with the Board of Zoning
Appeals within 15 days after the issuance of the determination or in the case
of a failure of the Board of Historic Architectural Review and/or the Uptown
Fa?ade Board to act, within 15 days of the expiration of the 45-day period
allowed for the board action.
B. Standards for Granting an Appeal.
1. Actions by the Board of Zoning Appeals. The Board of Zoning Appeals may
approve, modify, or reject the determination made by the Board of Historic
Architectural Review and/or the Uptown Fa?ade Board.
2. Criteria for Determination or Decisions. Determinations may only be made
if a majority of the members of the Board of Zoning Appeals finds that the
Board of Historic Architectural Review and/or the Uptown Fa?ade Board abused
its discretion in reaching its decision.
SECTION 2.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
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Introduced at a regular meeting of the Council of Columbus, Georgia held on the
11th day of May, 2010 introduced a second time at a regular meeting of said
Council held on the ______ day of ________, 2010, and adopted at said meeting
by the affirmative vote of ________ members of said Council.
Councilor Allen voting____________.
Councilor Anthony voting__________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Hunter voting___________.
Councilor McDaniel voting_________.
Councilor Pugh voting_____________.
Councilor Woodson voting__________.
______________________________ ______________________________
TINY B. WASHINGTON,CLERK JIM WETHERINGTON, MAYOR
Attachments
No attachments for this document.