The Planning Division must first approve a preliminary plat for subdivision activity or a site plan for development of a multifamily or nonresidential project prior to the issuance of a development permit or building permit, as applicable, or initiation of any land disturbing or construction activities.

This Chapter describes the process through which a zoning change may be approved on a property; the approval process for construction of subdivisions and other land development projects; the procedures for amendments to the text of this UDO; the process for appeals from an administrative decision, the process through which a special exception or for hardships may be approved.

The following presents a summary of the plans and procedures involved in the land development approval and permitting process.

A.

Zoning Changes. An application for a zoning change shall include the information listed below.

1.

Legal Description. An application for a zoning change shall include a legal description of the area to be rezoned.

2.

Concept Plan. An application for rezoning or approval of a special exception use must include a concept plan showing the proposed use of the property.

B.

"Major Subdivisions"—Subdivisions with Public Improvements. The division of land into two or more lots that will require the construction or extension of public streets, water or sanitary sewerage, other than the direct connection of buildings to existing facilities, or the provision of stormwater drainage facilities (other than driveway culverts), shall be conducted as indicated below.

1.

Project Concept Approval. Project concept approval is granted by the Planning Department upon review and approval of a Preliminary Subdivision Plat.

2.

Development Permit. A Development Permit is issued by the Engineering Department based on review and approval of civil drawings for construction of the subdivision.

3.

Prerequisite for Final Plat. Receipt by the Engineering Department and Columbus Water Works of accurate surveys of the as-built condition of public improvements is required in order to allow filing of a final plat.

4.

Final Subdivision Plat Approval. Approval of a final subdivision plat by the Planning Division and approval of public improvements by the applicable department will authorize recordation of the plat with the Clerk of the Superior Court.

5.

Sale of Lots and Issuance of Building Permits. After recordation of the Final Plat, the lots may be sold and building permits on the lots may be obtained.

C.

Minor Subdivisions. The following types of subdivisions fall under the category of and shall be defined as "minor subdivisions."

1.

Existing Services and Access. The division of land into 2 or more lots, in which each lot has adequate frontage on an existing street or road, and the subdivision does not require the construction of a new street or the widening of an existing roadway, the provision of stormwater drainage facilities other than driveway culverts, or the construction or improvement of any public utilities.

2.

Recombination. The sale or exchange of portions of adjoining lots between separate or common owners of adjoining properties, including the recombination of existing lots of record.

(A)

Additional Lots Prohibited. A recombination of lots shall not create additional lots.

(B)

Compliance with Zoning District. All resulting lots from a recombination shall be in accordance with the provisions of the zoning district applicable to the lots, and all other applicable laws and regulations.

3.

Nondevelopment Land Sales.

(A)

Description. A nondevelopment land sales plat is for the sale of a parcel or tract of land for which no new streets or roads are created or no new utility improvements are required or no new sanitary sewer or approval of a septic tank is required.

(B)

Certification Required. Any plat for such sale that is filed for recordation by the Clerk of the Superior Court must contain a certification signed and sealed by a licensed surveyor that the plat is consistent with the provisions of O.C.G.A. § 15-6-67(d), and the plat shall be clearly captioned as follows: "The tract or tracts depicted on this plat are not eligible for connection to a sanitary sewer system or for septic tank approval."

4.

Process for Review of Minor Subdivisions. The approval of a minor subdivision shall be conducted as provided herein.

(A)

Effect of Approval. Approval of a final subdivision plat by the Planning Director will authorize recordation of the plat with the Clerk of the Superior Court.

(B)

Effect of Recordation. After recordation of the final plat, the lots may be sold and building permits on the lots may be obtained.

D.

Multifamily and Nonresidential Projects. Multifamily and nonresidential projects shall be reviewed as provided herein.

1.

Project Concept Approval. Project concept approval is granted by the Planning Department upon review and approval of a site plan for the project.

2.

Development Permit. A development permit is issued by the Engineering Department based on review and approval of civil drawings for construction of the project.

3.

Building Permit. 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.

4.

Receipt of Surveys. Receipt by the Department of Engineering and the Columbus Water Works of accurate surveys of the as-built condition of all public improvements is required in order to authorize permanent water and sanitary sewer service.

5.

Permanent Electric Power and Occupancy. Permanent electric power and occupancy of the building is authorized by the Director of Inspections and Code Enforcement based on final inspection and issuance of a Certificate of Occupancy.

(Ord. No. 05-32, § 1, 4-5-05; Ord. No. 09-16, § 1, 4-3-09)

The Official Zoning Map may be amended from time to time, overlay districts may be approved and special exception uses may be approved for specific properties by the City Council under the procedures in this Section. In addition, changes in the conditions of approval pertaining to a specific rezoning, overlay district or special exception use approval may also be approved by the City Council following the procedures in this Section. All of these types of actions shall be referred to as "zoning changes."

A.

Initiation of Changes. An application for a zoning change for any property or properties in the city may be initiated by the City Council, by the Planning Advisory Commission, by the owner of the property or appointed representative, or by the Director of Planning. Unless initiated by the City Council, the Planning Department or the Planning Advisory Commission, all such applications shall be initiated by the owner of a majority interest in the property affected.

B.

Submission of Applications. All applications shall be submitted to the Planning Division on the Division's application forms.

1.

Fees. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the City Council. A fee shall not be charged if the City Council, the Planning Department or the Planning Advisory Commission has initiated the application.

2.

Legal Boundary Description. All applications shall be accompanied by a legal boundary description of the property.

C.

Completeness Review. The Planning Division shall review the application for completeness within five days of submission. Incomplete or improper applications will be returned to the applicant.

D.

Notification. The Planning Division shall notify the Council in writing that a request has been received. Notification shall include the name and address of the applicant, the location of the property, and the nature of the request.

(Ord. No. 09-16, § 1, 4-3-09)

A.

Reapplication for Same Zoning District or Use. If a petition for a zoning change is defeated by the City Council, a new petition for a zoning change on all or any portion of the property described in the defeated ordinance for the same zone classification or special exception use shall not be heard until the lapse of one year from the date the ordinance was defeated.

B.

Reapplication for Different Zoning District or Use. If a petition for a zoning change is defeated by the City Council, a new petition for a zoning change on all or any portion of the property described in the defeated ordinance for a different zone classification or special exception use shall not be heard until the lapse of six months from the date the ordinance was defeated.

C.

Reapplication after Approval of Petition. If a petition for a zoning change is approved by the City Council, a new petition for a zoning change on all or any portion of the property described in the approved ordinance for a different zone classification or special exception use shall not be heard until the lapse of six months from the date the ordinance was approved.

D.

Reduction of Waiting Period. The City Council may approve a reduction in the waiting period as provided below.

1.

Reduction to Six Months. For a case that was previously defeated, the City Council may reduce the waiting period to no less than six months from the date of denial upon a determination that new or extenuating circumstances justify such a reduction.

2.

Waiver of Entire Period. For a case that was previously approved or withdrawn, the City Council may waive the waiting period entirely upon a determination that new or extenuating circumstances justify such a waiver.

(Ord. No. 05-32, § 1, 4-5-05)

A.

Concept Plan Required. An application for a rezoning or special exception use approval shall be accompanied by a concept plan in the number required by the City.

B.

Preparation. The applicant, a professional engineer, a registered land surveyor, a landscape architect, a land planner or any other person familiar with land development activities may prepare a concept plan.

C.

Use of Boundary Survey or Property Map. The concept plan shall be drawn to scale on a boundary survey of the tract or on a property map showing the approximate location of the boundaries and dimensions of the tract based on the legal description of the property.

D.

Contents. The concept plan shall show, as appropriate to the zoning or special exception use requested, the information indicated below.

1.

Vehicular Access and Use Areas. Location of existing roads and driveways, including widths, location of existing parking areas, and other such details as may be pertinent to the review and recommendation of the petition.

2.

Property Owner. Name and address of the property owner.

3.

Applicant. Name, address, and telephone number of the applicant.

4.

Survey. Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

5.

Use. Proposed use of the property.

6.

Location. Location (Land District and Land Lot) and size of the property in acres or in square feet if less than an acre.

7.

Location Sketch. Location sketch of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets and railroads.

(A)

Scale and Preparation. Sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet.

(B)

USGS Maps. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

8.

Zoning District. Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

9.

Man-made Features. Man-made features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the request.

10.

Project Layout. The proposed project layout including the information listed below.

(A)

Subdivisions. For subdivisions, approximate lot lines and street right-of-way lines, along with the front building setback line on each lot.

(B)

Multifamily and Nonresidential Projects. For multifamily and nonresidential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, solid waste disposal facilities, buffers, curb cuts, parking areas and driveways.

11.

Water Supply. A statement as to the source of domestic water supply.

12.

Sanitary Sewer. A statement as to the provision for sanitary sewage disposal.

13.

Stormwater Detention. The approximate location of proposed stormwater detention facilities.

14.

Additional Information. Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

Before the Council may take final action on a proposed zoning change, the Planning Advisory Commission shall consider the proposal and the Council shall hold a public hearing on the proposal.

A.

Public Notice - Prior to Planning Advisory Commission.

1.

Notification to the General Public.

(A)

Posting of Property. A zoning change initiated by a party other than the City Council, the Planning Department, or the Planning Advisory Commission shall be heard at a public hearing only upon completion of posting of the property as provided herein.

(1)

At the time a petition for a zoning change is filed with the Planning Department, the petitioner shall post a sign or signs of wood or metal, at least 48 vertical inches by 72 horizontal inches in size, and with lettering of at least 3 inches in height in black letters on a white background, except that the existing and the proposed zoning districts shall be in red letters.

(a)

The sign shall list the name of the applicant, applicant's telephone number, address of property, present zoning, proposed zoning, proposed use of the property and the telephone number of the Planning Department.

(b)

A sign shall be placed within one foot of the public right- of-way along street frontage of the property at 500-foot intervals for which the zoning change has been requested.

(c)

If the property has 500 feet or less frontage, only one sign is required.

(d)

If the property has no street frontage, the sign shall be placed within one foot of the right-of-way of the street or road at each location from which access will be gained to the property.

(2)

The petitioner shall notify the Planning Department in writing that the signs have been erected and where they are located. The petitioner shall submit photos of said sign or signs.

(3)

The signs shall remain posted until final action has been taken by the Council or the application has been withdrawn.

(4)

The petitioner shall remove all "notice to rezone" signs within ten days after final action by Council.

2.

Mail Notice to Surrounding Property Owners. If the proposed zoning change was initiated by a party other than the City Council, the Planning Department or the Planning Advisory Commission, mail notice shall also be given to surrounding property owners as indicated below.

(A)

At least seven days prior to the Planning Advisory Commission meeting, the Planning Department shall mail a notice to all persons owning property located within 300 feet of the proposed property that is the subject matter of the zoning change. However, at the discretion of the Planning Director, notice shall be mailed to property owners beyond the 300 feet notification requirement. If the applicant is also the owner of the property adjacent to the proposed property to be rezoned, notice shall be mailed to property owners within 300 feet beyond the applicant-owned adjacent property, or farther if the Planning Director deems appropriate. The written notice shall be mailed to the property owners as such names and addresses appear on the County's ad valorem tax records.

(B)

The notice shall state the time, place and purpose of the Planning Advisory Commission meeting.

B.

Planning Advisory Commission Meeting. The meeting for zoning changes held by the Planning Advisory Commission shall be held within 21 days of receipt of a complete application for a minor zoning change, and within 45 days of receipt of a complete application for a major zoning change. The meeting shall be conducted in the manner indicated below.

1.

Convening of Meeting. The meeting shall be convened at the scheduled time and place by the Chairperson, the Vice-chairperson or the Planning Advisory Commission's designee, who shall act as the Presiding Official.

2.

Presentation of Proposed Zoning Changes. The Presiding Official shall call for each proposed zoning change to be presented to the Planning Advisory Commission.

3.

Public Presentations. No person in attendance shall speak unless first formally recognized by the Presiding Official.

(A)

Identification of Speakers. Upon rising to speak each person recognized shall state their name and home address.

(B)

Limits on Presentations. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning change.

(C)

Minimum Time for Discussion. Not less than ten minutes shall be provided for all of those speaking in support of a zoning change and not less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed.

(D)

Additional Presentations. If reasonable time limitations permit, any member of the general public may speak at a hearing. However, the applicant and nearby property owners shall be afforded the first opportunity to speak.

4.

Order of Presentation. The applicant shall be allowed to speak first in order to present the application. Others in support of the application may then speak, followed by those in opposition to the application. The applicant will then be allowed time for rebuttal. Rebuttal must be limited to points or issues raised by opponents to the application at the meeting.

5.

Questions by Planning Advisory Commission. During the meeting, the Planning Advisory Commission members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

6.

Action on Zoning Changes. Following the presentation on each zoning change, the Planning Advisory Commission at that time shall make its recommendation or take such other action as may be appropriate.

(A)

Approval of Motions. A motion to recommend approval or denial of an application must be approved by an affirmative vote of a majority of the members voting in order for the motion to be approved.

(B)

Failure of Motion to Approve. If a motion to recommend approval of an application fails, the application is automatically recommended for denial. If a motion to recommend denial of an application fails, another motion would be in order.

(C)

Effect of Tie Vote. A tie vote on any motion shall be deemed to be no action, and shall automatically be tabled until the next scheduled meeting of the Planning Advisory Commission. Should a tie vote result at the next scheduled meeting, the application will then go forward to the Council with no recommendation.

(D)

Failure to Take Action. If no action is taken on an application, it will go forward to the Council with no recommendation.

C.

Planning Department Review.

1.

Report for Zoning Change Approval. A Planning Department staff report with a recommendation of approval or conditional approval for a zoning change shall be delivered to the Clerk of Council's Office. At such time, Planning Department will advertise the date, time, and place for the public hearing in accordance with Section 10.2.5.C.4(A).

2.

Report for Zoning Change Denial. A Planning Department staff report with a recommendation of denial for a zoning change shall be delivered to the Clerk of Council's Office. The applicant for the change shall appeal the recommendation to the City Council.

3.

Notification for Affected Councilors. The Planning Department shall notify a City Councilor of a proposed rezoning case in his/her council district. Said notification shall take place upon submittal of the staff report(s) to the Clerk of Council. At-large Councilors shall be notified of all proposed rezoning cases upon submittal of the staff report(s) to the Clerk of Council.

(A)

Time Period for Appeal. An appeal shall be made within two weeks after the Clerk of Council receives the recommendation of the Planning Department.

(B)

Effect of Appeal. If the applicant appeals, the Clerk of Council will notify the Planning Department. At such time, Planning Department will advertise the date, time, and place for the public hearing in accordance with Section 10.2.5.C.4(A). If no appeal is made, the Council shall consider the petition withdrawn by the applicant.

4.

Public Notice - Prior to Council public hearing.

(A)

Notification to the General Public.

(1)

Newspaper Advertisement.

(a)

At least 15 days but not more than 45 days prior to the public hearing, notice shall be published in a newspaper of general circulation within the city. The Planning Department shall prepare such notice, which shall state the time, place and purpose of the hearing.

(b)

The published notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property or the special exception use requested.

(2)

Mail Notice to Surrounding Property Owners. If the proposed zoning change was initiated by a party other than the City Council, the Planning Department or the Planning Advisory Commission, mail notice shall also be given to surrounding property owners as indicated below.

(a)

At least seven days prior to the City Council meeting, the Planning Department shall mail a notice to all persons owning property located within 300 feet of the proposed property that is the subject matter of the zoning change. However, at the discretion of the Planning Director, notice shall be mailed to property owners beyond the 300 feet notification requirement. If the applicant is also the owner of the property adjacent to the proposed property to be rezoned, notice shall be mailed to property owners within 300 feet beyond the applicant-owned adjacent property, or farther if the Planning Director deems appropriate. The written notice shall be mailed to the property owners as such names and addresses appear on the County's ad valorem tax records.

(b)

The notice shall state the time, place and purpose of the City Council meeting.

D.

City Council Public Hearing.

1.

Scheduling of First Reading. At the hearing when the proposed zoning change is scheduled to be considered, a first reading of the ordinance will be held. The City Attorney will conduct the public hearing and act as the Presiding Official.

2.

Call for Proposed Zoning Changes. The Presiding Official shall call for each proposed zoning change to be presented to the City Council.

(A)

Presentation of Recommendation. As each application for a zoning change is called for consideration, the Presiding Official shall read the recommendation of the Planning Division and shall present such other documentation, as deemed pertinent.

(B)

Public Presentation. No person in attendance shall speak unless first formally recognized by the Presiding Official.

(C)

Identification. Upon rising to speak each person recognized shall state their name and home address.

(D)

Limits of Presentations. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning change.

(E)

Minimum Limit for Presentations. Not less than ten minutes shall be provided for all of those speaking in support of a zoning change and no less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed.

(F)

Additional Presentations. If reasonable time limitations permit, any member of the general public may speak at a hearing. However, the applicant and nearby property owners shall be afforded the first opportunity to speak.

3.

Order of Presentations. The applicant shall be allowed to speak first in order to present the application. Proponents of the application may then speak, followed by those in opposition to the application. The applicant will then be allowed time for rebuttal. Rebuttal must be limited to points or issues raised by opponents to the application at the hearing.

4.

Questions by Council Members. During the public hearing, the City Council members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

5.

Continuances. The City Council may provide a continuance of the application to a subsequent meeting.

6.

Vote on Applications. There shall be an interval of at least one week between the public hearing and the City Council vote on the application. When the ordinance is called, action shall be taken by vote of the City Council as provided herein.

(A)

Approval of Motions. A motion to approve or deny an application must be approved by an affirmative vote of a majority of the members voting in order for the motion to be approved.

(B)

Effect of Failure to Approve. If a motion to approve an application fails, the application is automatically denied. If a motion to deny an application fails, another motion would be in order.

(C)

Effect of a Tie Vote. A tie vote on a motion for approval of an application shall be deemed a denial of the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(D)

Effect of No Action. If no action is taken on an application, it shall be considered tabled and action deferred to the next regular meeting of the City Council.

7.

City Council Action. In taking action on an application, the City Council may:

(A)

Approve the proposal or approve it with conditions, in whole or in part; or

(B)

Approve a zoning district other than that proposed by the applicant on all or any portion of the property; or

(C)

Deny the proposal; or

(D)

Allow withdrawal if so requested by the applicant; or

(E)

Table the proposal for consideration at its next scheduled meeting; or

(F)

Refer the application back to the Planning Advisory Commission for further consideration.

E.

Referral to Planning Advisory Commission for Further Consideration. If the City Council refers the application back to the Planning Advisory Commission for further study, the following actions shall occur.

1.

Public Notice. The Planning Division shall give public notice of the Planning Advisory Commission's meeting for further consideration in the same manner as described in Section 10.2.5.A, and the Planning Advisory Commission shall conduct its additional meeting and take action as described in Section 10.2.5.B.

2.

City Council Action. After the Planning Advisory Commission's further consideration and recommendation on the referred application, the City Council shall follow the same procedure set forth in Section 10.2.5.C. and Section 10.2.5.D. to consider the application.

(Ord. No. 09-16, § 1, 4-3-09; Ord. No. 12-53, §§ 1, 2, 12-4-12; Ord. No. 14-2, § 4, 1-14-14; Ord. No. 14-19, § 1, 5-27-14)

A.

Major and Minor Zoning Changes.

1.

Major Zoning Change. A major zoning change is an application for an amendment to the Official Zoning Map, approval of a special exception use or approval of a change in the conditions of approval associated with a rezoning or special exception use, which if approved would result in any of the following:

(A)

A use that would be inconsistent with the Columbus Comprehensive Plan;

(B)

A project that would be inconsistent with any element of the Columbus-Phenix City Transportation Plan;

(C)

A project that would have at least one entrance on a major thoroughfare;

(D)

A project that is a Development of Regional Impact as provided in Section 10.2.9.; or

(E)

A project that would include any of the following uses:

(1)

More than 100 dwelling units;

(2)

More than 100 hotel rooms;

(3)

More than 100,000 square feet of gross floor area in office use;

(4)

More than 25,000 square feet of gross floor area in commercial sales or services use; or

(5)

More than 150,000 square feet of gross floor area in warehouse, wholesale or industrial use.

2.

Minor Zoning Change. A Minor Zoning Change is an application for an amendment to the Official Zoning Map, approval of a special exception use or approval of a change in the conditions of approval associated with a rezoning or special exception use, which is not a major zoning change.

3.

Determination of Major or Minor Zoning Change. The Director of Planning shall have sole discretionary authority to determine whether an application is a major or minor zoning change.

B.

Staff Report on Zoning Changes.

1.

Preliminary Findings. Such preliminary findings that the Planning Division may publish prior to the Planning Advisory Committee meeting regarding a petition for a zoning change shall be made available to the Planning Advisory Committee, the petitioner and the general public at the same time. Such preliminary findings shall be made available in whatever manner the Planning Division considers most efficient and expeditious.

2.

Advisory Report and Recommendations. The Planning Division shall have 30 days from the petition submittal deadline date to submit its advisory report and recommendations to the City Council on minor zoning changes, and 60 days on major zoning changes.

3.

Contents of Report. The Planning Division report shall include, but must not be limited to, the factors listed below as appropriate and applicable to the zoning change proposed and which are relevant standards to balance the public interest of promoting the health, safety, morality and general welfare against the right to unrestricted use of property.

(A)

General Planning and Land Use. The report shall answer the questions listed below.

(1)

Is the proposal consistent with or contrary to the land use and other adopted plans of the consolidated government, and does the change meet, or not meet, adopted land use policies, and what is the relation of the changes to each applicable policy?

(2)

To what extent is the request consistent with existing or future land use patterns?

(3)

To what extent would the request affect development of existing undeveloped or under-developed parcels in the area?

(4)

What is the suitability of the property for the present and proposed zoned uses?

(5)

At what rate is such land being developed for the proposed use or other uses in the vicinity?

(6)

Is the development reasonably compact and contiguous to an existing developed area, or will the result encourage leapfrog or sprawl development?

(7)

Is it possible to find adequate sites for the proposed use in zoning districts permitting such use in reasonable proximity to the area to be served by type proposed use?

(8)

Is the development consistent with the requirements of the unified development ordinance in terms of building setbacks and lot size?

(9)

Has the property previously been developed contrary to existing regulations?

(B)

Environmental Impacts. The report shall answer the questions listed below.

(1)

Is the property in a floodplain?

(2)

Does the proposed development come under the regulations of the floodplain development regulations?

(3)

Does the proposed development come under the regulations of the soil erosion and sedimentation control regulations?

(4)

How would the proposed zoning change impact on problem areas identified by the Columbus stormwater management program?

(5)

Would the proposed zoning change result in a noise problem not usually associated with the current zoning classification?

(6)

Would the proposed zoning change result in a development that would have detrimental visual effects on surrounding property?

(C)

City Services. The report shall answer the questions listed below.

(1)

Police. Can the proposed development be easily patrolled from an existing patrol zone?

(2)

Police. Does the development or use pose any unique police protection problems?

(3)

Fire. Does the proposed development or use pose any unique fire protection problems?

(4)

Water. What is the adequacy and availability of public water?

(5)

Sewer. What is the adequacy and availability of sanitary sewers?

(6)

Parks and Recreation. Are the public recreational facilities capable of absorbing a change in demand that may result from the rezoning?

(7)

Parks and Recreation. Are any of the planned city parks included in the area under construction?

(8)

Schools. Is the Muscogee County School District capable of absorbing a change in demand that may result from a rezoning?

(9)

Transportation. Is the road system that will serve the tract being rezoned capable of absorbing the increased traffic?

(10)

Parking and Curb Cuts. Is the proposed development consistent with the requirements of this UDO in terms of off-street parking and curb cuts?

(D)

Zoning Review. The report shall answer the questions listed below.

(1)

What is the zoning of the nearby property?

(2)

Is this spot zoning? That is, singling out a small parcel of land for a use totally different from that of the surrounding area, for the benefit of the owner of such property and to the detriment of other owners?

(3)

Would this be spot zoning done to implement the general land use plan?

(4)

Are present zoning boundaries illogically drawn in relation to existing conditions, and is this proposed change the most suitable permanent zoning boundary?

(5)

Will the change in zoning encourage more requests for zoning changes in the area?

(6)

What is the amount of land currently zoned for the proposed use in the vicinity, and does additional land need to be zoned for the proposed use? Are there any special circumstances that make land zoned for the proposed use unavailable for development?

(E)

Reasonableness of Request. The report shall answer the questions listed below.

(1)

What is the basis of this request, and are there substantial reasons why the property cannot be used in accord with the existing zoning?

(2)

Is the proposed use out of scale with the needs of the neighborhood or the city?

(3)

What will the relative gain to the public as compared to any hardship imposed upon individual property owners?

(F)

Change to Conditions in the Area. The report shall answer the questions listed below.

(1)

What is the extent to which property values of the property being rezoned are diminished by the current zoning restrictions and how does this promote the health, safety, morals and general welfare of the public?

(2)

To what extent would the property values of the adjacent properties be affected by the rezoning?

(3)

Have the basic land use conditions in the area been changed?

(4)

Will the change in zoning significantly alter the population density pattern?

(5)

Will the change in zoning seriously reduce the available light and air in adjacent areas?

(6)

Will the zoning change act as a deterrent to the improvement of development of adjacent property in accord with existing regulations?

(G)

Attitude of Property Owners. The report shall answer the questions listed below.

(1)

How many property owners were notified of the proposed rezoning, and do they support or object to the change?

(2)

Will property owners be affected by the zoning change?

(H)

Planning Advisory Commission Recommendations. The report shall answer the question listed below.

(1)

What is the recommendation of the PAC?

(I)

Summary. The report shall answer the questions listed below.

(1)

What are the principal issues involved in recommending action on this application?

(2)

How do these issues relate to the applicable Standards for Zoning Changes?

(J)

Recommendations. The report shall answer the questions listed below.

(1)

What is the recommendation of the Planning Director?

(2)

What are any conditions of approval that might be imposed to mitigate adverse consequences of the zoning change?

A.

Rezoning Petitions. 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.

1.

Consistency. Is the proposed use consistent with the purpose and intent of the zoning district?

2.

Suitability. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?

3.

Affect on Existing Uses and Properties. Will the proposed use adversely affect the existing use or usability of adjacent or nearby property?

4.

Comprehensive Plan. Is the proposed use compatible with the purpose and intent of the Comprehensive Plan?

5.

Use of Current Zoning. Are their substantial reasons why the property cannot or should not be used as currently zoned?

6.

Impact of Proposed Zoning or Use. Will the proposed use cause an excessive or burdensome use of public facilities or services, including but not limited to streets, schools, water or sewer utilities, and police or fire protection?

7.

New or Changing Conditions. Is the proposed use supported by new or changing conditions not anticipated by the Comprehensive Plan or reflected in the existing zoning on the property or surrounding properties?

8.

Public and Private Property Rights. Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

B.

Special Exception Uses. A special exception use otherwise permitted within a zoning district shall be considered to be compatible with other uses permitted in the district, provided that due consideration is given to the objective criteria listed below, as applicable to the specific use proposed.

1.

Access. Is or will the type of street providing access to the use be adequate to serve the proposed special exception use?

2.

Traffic and Pedestrian Safety. Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

3.

Adequacy of Public Facilities. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special exception use?

4.

Protection from Adverse Affects. Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?

5.

Hours of Operation. Will the hours and manner of operation of the special exception use have no adverse effects on other properties in the area?

6.

Compatibility. Will the height, size or location of the buildings or other structures on the property be compatible with the height, size, character or location of buildings or other structures on neighboring properties?

C.

Special exception for existing buildings in Neighborhood Commercial Districts. A special exception may be granted for existing buildings located in Neighborhood Commercial zoning districts that were in existence as of March 1, 2005 and that have more than 5,000 square feet under roof, to allow, at any time, one or more permitted uses within such buildings that each occupy more than 5,000 gross square feet. Such buildings may be granted a special exception provided due consideration is given to the objective criteria listed below as applicable to the specific building proposed:

1.

Access. Is street access to the building adequate to serve one or more permitted uses that each occupy more than 5,000 gross square feet in the building?

2.

Traffic and Pedestrian Safety. Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles if there are one or more permitted uses that each occupy more than 5,000 gross square feet in the building?

3.

Adequacy of Public Facilities. Are or will public facilities such as water or sewer utilities, and police or fire protection be adequate to one or more permitted uses that each occupy more than 5,000 gross square feet in the building?

D.

Change in Conditions of Approval. Any application that proposes a change in the conditions of approval previously established by the City Council through action on a zoning change shall be reviewed in light of the standards set forth in this section for a map amendment or special exception use, as appropriate.

(Ord. No. 05-32, § 1, 4-5-05; Ord. No. 10-37, § 1, 7-27-10)

A.

Zoning Change Withdrawal. Any applicant wishing to withdraw a proposed zoning change may do so by written notarized request for withdrawal delivered to the Planning Director. Alternately, a request for withdrawal may be made by the applicant directly to the City Council at their Zoning Agenda Meeting on the case or at their public hearing.

B.

Administrative Withdrawal. If a request for withdrawal is received prior to the City Council's Zoning Agenda Meeting, the application shall be withdrawn administratively by the Director of Planning without restriction on the refiling of a proposed zoning change on the property in the future.

C.

Withdrawal at the Zoning Agenda Meeting.

1.

If withdrawal is requested by the applicant at the City Council's Zoning Agenda Meeting, the withdrawal request shall be considered for approval or denial by the City Council.

2.

If the withdrawal request is approved, the City Council will not consider a new petition for a zoning change on all or any portion of the property described in the original petition until a lapse of six months from the date of withdrawal approval.

D.

Failure to Appeal Recommendation for Denial.

1.

When a recommendation for denial of a petition by the Planning Division is not appealed by the applicant prior to or at the Zoning Agenda Meeting of the City Council, the petition shall be deemed withdrawn by the applicant and no further consideration of the petition shall be given by the City Council.

2.

When a petition for a zoning change has been deemed withdrawn due to the failure of the applicant to appeal a recommendation for denial by the Planning Division, the City Council will not consider a new petition for a zoning change on all or any portion of the property described in the original petition until a lapse of six months from the date of said withdrawal.

E.

Withdrawal Request Following Call for Ordinance. If the request for withdrawal is made by the applicant after the City Council has called for the ordinance and public hearing, the petition shall remain on the City Council public hearing agenda and the withdrawal request shall be considered for approval or denial by the City Council.

1.

If the withdrawal request is denied, then the public hearing on the approval or denial of the petition will proceed.

2.

When withdrawal of a petition for a zoning change has been approved by the Council at their public hearing on the ordinance, the Council will not consider a new petition for a zoning change for a different zone classification or special exception use until the lapse of six months, or for the same zone classification or special exception use until the lapse of 1 year, from the date the withdrawal was approved.

A.

Thresholds for Developments of Regional Impact. Any application that would result in a zoning change that meets or exceeds any of the thresholds listed below, or as otherwise adopted by the Georgia Department of Community Affairs, shall be considered a Development of Regional Impact (DRI).

1.

Office. New office use greater than 400,000 gross square feet.

2.

Commercial. New commercial use greater than 300,000 gross square feet.

3.

Wholesale and Distribution. New wholesale and distribution use greater than 500,000 gross square feet.

4.

Hospitals and Health Care Facilities. New hospitals and health care facilities greater than 300 new beds or generating more than 375 peak hour vehicle trips per day.

5.

Housing. New housing greater than 400 new lots or units.

6.

Industrial. New industrial use greater than 500,000 gross square feet, or employing more than 1,600 people, or covering more than 400 acres.

7.

Hotels. New hotels greater than 400 rooms.

8.

Mixed Use. Mixed use with a total gross square footage greater than 400,000 or covering more than 120 acres.

9.

Airports. Any new airport, new runway or runway extension.

10.

Attractions and Recreational Facilities. Attractions and Recreational Facilities greater than 1,500 parking spaces or a seating capacity of more than 6,000.

11.

Post-Secondary Schools. New post-secondary school with capacity of more than 2,400 students or expansion of this type school by at least 25% of capacity.

12.

Waste Handling Facilities. New waste handling facilities or expansion of use of an existing facility by 50 percent or more and located within ½-mile of a jurisdictional boundary.

13.

Quarries, Asphalt or Cement Plants. New quarries, asphalt or cement plants or facilities or expansion of existing facility by more than 50 percent and located within one-half mile of a jurisdictional boundary.

14.

Wastewater Treatment Facilities. New wastewater treatment facility or expansion of existing facility by more than 50 percent and located within one-half mile of a jurisdictional boundary.

15.

Petroleum Storage Facilities. New petroleum storage facilities with storage greater than 50,000 barrels, if within 1,000 feet of any water supply; otherwise, storage greater than 200,000 barrels; and located within one-half mile of a jurisdictional boundary.

16.

Intermodal Terminals. New intermodal terminals facilities.

17.

Truck Stops. A new facility with more than 3 diesel fuel pumps, or containing a half-acre of truck parking or 10 truck parking spaces.

18.

Other Development Types. Any other development types not identified above, including parking facilities of at least 1,000 parking spaces.

B.

Application for DRI Approval.

1.

Regional Development Center. Any DRI application shall be submitted by the applicant to the Lower Chattahoochee Regional Development Center (RDC) prior to submission of the application to the City.

2.

Period of Review. Once the RDC has accepted the completed form, and has made an official determination that the project is a DRI, within five calendar days, the 30 day review period officially begins.

3.

Action by the City Council. The City Council shall not take final action to approve a DRI until either:

(A)

A report shall have been received from the RDC reflecting its findings and recommendations, if any; or

(B)

Said report is not received within 30 days of submittal of the application to the RDC.

A.

Effect of Approval. If changes are made in district boundaries on the zoning map, such changes shall be made on the official zoning map by the planning division after the amendments have been approved by the City Council and signed by the Mayor and in conformance with the provisions of this chapter.

B.

Effective Date. Approval of zoning change on a property shall be in full force and effect upon its approval by City Council and the ordinance becomes law.

C.

Nonconformities. For a property on which a use, building, structure or other improvements existed in conformity with this UDO prior to the effective date of a zoning change affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions of this UDO regarding nonconformities.

D.

Prior Construction. Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this UDO prior to the effective date of a zoning change affecting the property may continue to completion as though no change had occurred and, upon completion, shall be governed under the applicable provisions of this UDO regarding nonconformities.

A.

Administration. The Planning Director is responsible for administering the review and approval process for preliminary subdivision plats and site plans.

1.

Review by Other Agencies. The Planning Director shall forward a copy of the project approval application to other City departments, the Georgia DOT, or others as appropriate, for their review and comment.

2.

Comments from Other Agencies. The Planning Director shall provide all comments to the applicant for resolution, who shall work with each Department as necessary to resolve all issues.

B.

Preparation. A preliminary plat or site plan may be prepared by a professional engineer, a registered land surveyor, a landscape architect, a land planner or any other person professionally familiar with land development and project construction activities.

A.

Optional Pre-Application Procedure.

1.

Sketch Plan. A subdivider or developer may prepare a sketch plan for review by the Planning Division. The sketch plan should include:

(A)

A tentative layout of streets;

(B)

The total acreage of the proposed development and the approximate number of acres to be developed to each use if more than one use is being considered;

(C)

Proposed sites for schools, parks, and other similar facilities;

(D)

For subdivisions, approximate lot lines and street right-of-way lines, along with the front building setback line on each lot;

(E)

For multifamily and nonresidential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, solid waste disposal facilities, buffers, curb cuts, parking areas and driveways;

(F)

Any unusual topographical feature, such as a watercourse;

(G)

And any and all areas located within the special flood hazard area as defined in the Land Development Activities Chapter of this UDO.

2.

Confidentiality. The sketch plan and all discussion regarding it will be considered as being confidential between the subdivider and the planning division staff.

3.

Effect of Review. Favorable consideration by the Planning Division shall not be construed as preliminary or tentative plat approval.

B.

Separate or Joint Application Review. An application for project approval may be processed independently or in conjunction with an application for issuance of a development permit or building permit, as applicable.

C.

Project Approval Application. An application for project approval shall be submitted to the Planning Division. The application shall include the information listed below.

1.

Application Form. A properly completed application form, as furnished by the Planning Division, requesting review for project approval.

2.

Number of Copies. The required number of copies of the preliminary subdivision plat or site plan showing the entire ownership drawn to the specifications of this Article.

3.

Conservation Subdivisions. For conservation subdivisions, the following information shall be submitted:

(A)

A conservation resource inventory (see Section 6.4.2);

(B)

Calculations of usable land and total allowable lots (see Section 6.4.3); and

(C)

A maintenance of open space and operation of common facilities plan (see Section 6.7.5.B).

4.

Fees. Payment of all applicable application and review fees, as established by the City Council.

D.

Review for Application Completeness. The Planning Division shall review the application for completeness at the time of submission. Incomplete applications will be returned to the applicant.

E.

Distribution. The Planning Division shall send a copy of an application to the Department of Engineering, the Inspections and Code Enforcement Division, and the Columbus Water Works for informational purposes.

F.

Mandatory Georgia Department of Transportation Review. If the proposed subdivision includes or abuts a U.S. or State numbered highway, unless all of the lots in the subdivision contain 5 acres or more and no new street is involved, review by the Georgia DOT is required pursuant to O.C.G.A. ;s 32-6-151.

1.

Additional Copies. For such a proposed subdivision, two additional copies of the preliminary plat must be submitted to the Planning Division for forwarding to DOT.

2.

Response to Georgia DOT. The owner or subdivider must respond to the recommendations of the DOT prior to preliminary plat approval.

3.

Failure to Provide Comments. If the written recommendations of the DOT are not made within 30 days of receipt of the preliminary plat by DOT, their approval shall be assumed as provided under State law.

G.

Action by the Planning Director. Within 30 days following receipt of the application, the Planning Division shall take action to approve, with or without modifications, or to disapprove the application. If disapproved, the reasons for disapproval will be indicated on the drawing or in writing, along with all comments related to compliance with this UDO.

H.

Compliance. The owner shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all the noted and written comments.

I.

Prohibited Approval. The Planning Division shall not approve any preliminary subdivision plat or site plan whereon is shown a lot or situation that would clearly require a variance to order to be reasonably usable, whether due to the presence of flood plain, unusual configuration, zoning compliance, lack of public utilities, or for any other reason.

J.

Determination of Compliance. When the Planning Division has determined that the preliminary subdivision plat or site plan is in compliance with the requirements, purpose and intent of this UDO, it shall be approved.

1.

Approved Drawings. The Planning Director shall sign and date the CERTIFICATE OF PROJECT APPROVAL stamped or printed on a reproducible copy of the preliminary subdivision plat or site plan.

2.

Distribution. One copy of the approved drawing shall be transmitted to the applicant and the Planning Division shall retain copies for its files and distribution to others.

K.

Effect of Certificate of Project Approval. The certificate of project approval shall remain in effect for a period of one consecutive year, after which time it shall become null and void if no permit has been issued or no development activity has begun. Once null and void, a new certificate shall be required prior to issuance of a permit or authorization to begin development activity. Once a permit has been issued or development activity has begun pursuant to a project approval in effect, project approval shall remain in effect for all portions or phases of the development included within the project approval application.

A.

Proposed Development and Street Name. The proposed name of the development and proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other development or street in the city.

1.

Refusal. If shown to the contrary, the Planning Division may refuse to accept such development or street names.

2.

Use of Letter Designations. The development may use letter designations in place of proposed street names at the option of the applicant.

B.

Preparation of Preliminary Plat or Site Plan. The preliminary plat or site plan shall be prepared on a boundary survey of the tract or on a property map showing the approximate location of the boundaries and dimensions of the tract to be developed.

C.

Standards for Preliminary Plat or Site Plan.

1.

General Standards. The preliminary subdivision plat or site plan shall be clearly and legibly drawn at a scale of 100 feet or less to one inch. The recommended maximum dimension of the sheet size is 36 inches by 48 inches and the minimum dimensions of 17 inches by 22 inches. The Planning Director may approve other sheet sizes and scales as appropriate.

2.

Properties in Excess of 100 Acres. For property of over 100 acres, a smaller scale may be used where, in the judgment of the Director of the Planning Department, 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.

(Ord. No. 05-32, § 1, 4-5-05; Ord. No. 09-16, § 1, 4-3-09)

The information listed in this Section shall be included with any preliminary plat or site plan.

A.

Name. Proposed name of development.

B.

Property Owner Information. Name and address of the property owner, and the proposed subdivider or developer.

C.

Applicant Information. Name, address, and telephone number of the applicant.

D.

Survey Information. Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

E.

Proposed Use. Proposed use of the property.

F.

Location. Location (land district and land lot) and size of property in acres or in square feet if less than an acre.

G.

Location Sketch. Location sketch of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets, railroads or others.

1.

Preparation. Sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet.

2.

USGS Maps. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

H.

Former Approved Subdivision. Name and boundary of former approved subdivision if any or all of the land in the preliminary subdivision plat or site plan has been previously subdivided, showing boundaries of same.

I.

Zoning District. Zoning district designation of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

J.

Prior Approvals or Applications. Rezoning or special exception use application number, date of approval, and conditions of approval, as applicable.

K.

Approved Variances. Variances obtained on the property by application number, date of approval, and conditions of approval, as applicable.

L.

Natural Features. Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all watercourses entering or leaving the property, the direction of flow shall be indicated. The area of special flood hazard, the 100-year floodplain, if any, shall be outlined.

M.

Man-Made Features.

1.

Features. Man-made features within and adjacent to the property, including all street right-of-way and pavement widths, names of existing streets, all easements, city and county political boundary lines, and other significant information such as location and dimensions of bridges, utility lines, existing buildings to remain, and other features.

2.

Identification of Public Streets and Areas. All streets and other areas designated for public use, or proposed to be dedication or reserved, should be identified.

N.

Contours. Contours drawn at two-foot intervals or as may be approved by the Director of Engineering.

O.

Project Layout. The proposed project layout including subdivision and site plan information as indicated below.

1.

Required Subdivision Information. Proposed subdivision information shall include the following:

(A)

Street right-of-way lines, with proposed street names or letter designations and right-of-way widths;

(B)

Lot lines, along with the front building setback line with the lot width;

(C)

Parks, playgrounds, and other public areas to be included in the proposed subdivision; and

(D)

A sketch of the prospective future street system of the unsubmitted part when the preliminary plat submitted covers only a portion of the subdivider's entire holdings.

2.

Site Plans. For multifamily and nonresidential development site plans, the following information shall be provided:

(A)

The outline and location of all buildings;

(B)

The location and relevant dimensions of all minimum building setback lines;

(C)

The location of outdoor storage areas;

(D)

The location of solid waste facilities;

(E)

The location of buffers;

(F)

The location of parking areas, driveways and curb cuts; and

(G)

Designated fire lanes.

P.

Phasing. The proposed phasing of the development if it is proposed to be built in sections.

Q.

Water Supply. A statement as to the source of the domestic water supply.

R.

Sanitary Sewage Disposal. A statement as to the provision for sanitary sewage disposal. For those properties that will not be served by a public sanitary sewerage system, on-site individual or community sewage disposal systems must be approved by the health department.

S.

Stormwater Detention. The approximate location of proposed stormwater detention facilities.

T.

Soil Erosion and Sedimentation Control. For site plans, a statement of intent to comply with the soil erosion and sedimentation control provisions of this UDO must be included on the plan and signed by a representative with soil erosion certification and their certification number listed.

U.

Additional information. Such additional information as may be reasonably required to permit an adequate evaluation of the development activity proposed in the application.

A.

Conservation Resource Inventory Map. For project approval of a conservation subdivision, a conservation resource inventory map must be prepared, showing key site features and delineating primary conservation areas, secondary conservation areas if applicable, and other areas, as defined under the conservation subdivision provisions of this UDO.

1.

Overlap of Areas. Where different areas overlap, the most restrictive area, that is the area with the lowest Usable Land Factor, is to be clearly delineated and given precedence over less restrictive types of areas.

2.

Map Not Required for Submission. This map need not be submitted upon certification by a registered land surveyor that there are no primary conservation areas or secondary conservation areas if applicable located on the subdivision site, based on their personal on-site investigation and review of appropriate documents.

B.

Aerial Photograph Required. The Conservation Resource Inventory Map may be drawn on a vertical aerial photograph of the site, prepared at the same scale as the Preliminary Plat, or an aerial photograph is to accompany the Conservation Resource Inventory Map and may be at the same or a smaller scale, but no smaller than 1 inch = 400 feet. The source of the aerial photograph and the date of the photography are to be indicated.

C.

Map Requirements. The conservation resource inventory map is to be prepared by a Georgia licensed land surveyor and drawn at the same scale as the preliminary plat, no smaller than one inch = 100 feet. If more than one sheet is required in order to cover the site, the sheets are to be numbered in sequence and referenced to an index sheet. The map must specifically include the information listed below.

1.

Physical and Legal Features. Physical and legal features of the site, such as:

(A)

Outline of the boundary line of the subdivision site;

(B)

Political jurisdiction lines (if any);

(C)

Rights-of-way lines and names of all existing public roads, streets and highways on or abutting the site;

(D)

Easements that traverse the site and the purpose of each, such as electric power transmission lines with the kilovolts indicated, liquid or natural gas transmission lines, other public or private utilities, private roads or ways, or similar easements;

(E)

Topography of the site shown at two-foot contour intervals; and

(F)

Perennial streams, creeks and rivers, and permanent water impoundments such as lakes and ponds.

2.

Primary Conservation Areas. Primary conservation areas shall be indicated, including:

(A)

Floodways within the 100-year floodplain;

(B)

Required stream buffers;

(C)

Wildlife habitats of threatened or endangered species;

(D)

Cemeteries and burial grounds.

(E)

Wetlands and hydric soils classified as "unsuitable;" and

(F)

The limits of the 100-year floodplain.

3.

Secondary Conservation Areas. Secondary conservation areas must be delineated only for resource conservation subdivisions, including:

(A)

Areas of steep slopes over 25% greater than 5,000 contiguous square feet;

(B)

Areas with slopes of 15% to 25% greater than 40,000 contiguous square feet;

(C)

Soils with exposed bedrock or rock outcroppings greater than 40,000 contiguous square feet;

(D)

Areas with soils classified as "poorly drained" greater than 80,000 contiguous square feet;

(E)

Buffer areas around wetlands and habitats of endangered species;

(F)

Mature timber stands or significant trees;

(G)

Registered historic or archeological assets;

(H)

Viewshed protection areas;

(I)

Village greens, parkways; and

(J)

Passive recreational areas.

4.

Ownership and Applicant Information. Ownership/applicant information, including:

(A)

Name of the subdivision if property is within an existing subdivision, or proposed name if not within an existing subdivision;

(B)

Name and address, including telephone number, of the legal owner of the property;

(C)

Name and address, including telephone number, of the person(s) or firms) responsible for subdivision professional design, design of public improvements and surveys; and

(D)

Graphic scale, north arrow and date of drawing preparation.

For project approval of a conservation subdivision, a plan for maintenance of open space and operation of common facilities must be submitted with the application for project approval and include the applicable information, as listed below.

A.

Homeowners Association. Description of any proposed Homeowners Association, its bylaws, responsibilities, and endowment.

B.

Nonprofit Conservation Organization or Land Trust. Description and documents relating to any private nonprofit conservation organization or land trust that will hold title to any portion of the open space.

C.

Lands to be Dedicated. Description of lands proposed for dedication to the City.

D.

Maintenance and Escrow Funds. Proposal for open space maintenance and operations escrow fund.

Editor's note— Ord. No. 09-16, adopted April 3, 2009, deleted § 10.3.7, which pertained to preliminary plat certifications and derived from the original codification of this Code, in its entirety.

Editor's note— Ord. No. 09-16, adopted April 3, 2009, deleted § 10.3.8, which pertained to evidence of project approval and derived from the original codification of this Code, in its entirety.

Any subdivision that has received preliminary approval shall be exempt from any subsequent amendments to this UDO, provided that final approval is obtained within one year of preliminary approval.

A.

Permit Required. No person shall conduct any land-disturbing activity within the city without first obtaining a site development permit from the Department of Engineering to perform such activity and providing a copy of Notice of Intent submitted to EPD if applicable, unless the activity is otherwise exempt from the soil erosion and sedimentation control provisions of the Land Development Activities Chapter of this UDO.

B.

Landowner, Developer and Consultants. The landowner, developer and designated planners and engineer shall review the general development plans and detailed plans of the City of Columbus, Georgia that effect the tract to be developed and the area surrounding it. They shall review the zoning ordinances, stormwater management ordinance, flood plain ordinance, subdivision regulations, this ordinance, and other laws and ordinances, which regulate the development of land within the boundaries of the City of Columbus, Georgia. However, the owner is the only party that can obtain a permit.

C.

Application for Development Permit. Any person seeking development activity on land within the city shall first submit to the Department of Engineering an application for a development permit, including all civil design and construction drawings required by this UDO. Any person seeking land-disturbing authorization without full development approval shall first submit an application including all civil design and construction drawings except the Street Improvement, Sewage Disposal and Domestic Water Supply Plans.

D.

Review of Site Development and Grading Permits. The Department of Engineering is responsible for administering the review and approval process for issuance of site development and grading permits.

1.

Distribution. The Department of Engineering shall forward a copy of the permit application, including the civil design and constructions drawings for the project, to other City departments, the City Arborist, the Georgia DOT, or others as appropriate, for their review and comment.

2.

Comments and Issuance of Permits.

(A)

The Department of Engineering shall provide all comments to the applicant for resolution, and shall issue the development permit when there is compliance by the application with all requirements of this UDO.

(B)

No development permit shall be issued prior to the approval of all other affected City departments, the Georgia DOT, the City Arborist or others as appropriate.

E.

Effect of Plan Approval. Approval of plans by the Engineering Department shall not imply or transfer acceptance of responsibility for the application of the principles of engineering, architecture, landscape architecture, or any other profession, from the professional, corporation, or individual under whose hand or supervision the plans were prepared.

F.

Effect of Inspections. The completion of inspections by the City and authorization for work continuation shall not transfer responsibility for the quality of the work performed or materials used from the owner, nor imply or transfer acceptance of responsibility for project design or engineering from the professional, corporation, or individual under whose hand or supervision the plans were prepared.

G.

Effect of Land Development or Grading Permit. A land development or grading permit shall not be interpreted to relieve any owner of the responsibility of maintaining full compliance with all codes, ordinances, and other regulations of the City.

H.

Issuance of Permits In Error. Any development permit issued in error or in contradiction to the provisions of this UDO shall be considered to have been null and void upon its issuance.

I.

Self-Permitting Authorized for Certain Actions.

1.

Certificate of Self-permitting.

(A)

Application. Those builders of single-family residences covered under this Section, that provide a qualified, responsible person trained in soil erosion control measures and who can demonstrate the knowledge and ability to design, install and maintain soil erosion measures, may apply for a certificate for self-permitting for covered residential projects.

(B)

Definition of Qualified, Responsible Person. For the purposes of this Section a qualified, responsible person shall be an official or supervisor of the company with authority to implement or have implemented the necessary control measures.

2.

Training for Self-permitting. The Department of Engineering provides an initial training session to assist applicants for self permitting in order to gain some of the necessary knowledge and ability to design, install and maintain soil erosion control measures. Qualified persons who attend the training session will be provided a certificate by the Department of Engineering.

J.

Liability.

1.

Liability Not Imposed. The approval of an erosion and sediment control plan or other plans under the provisions of this Article, the issuance of a land development permit, or the compliance with the provisions of this UDO shall not relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the City or the Soil and Water Conservation Commission District for damage to any person or property.

2.

Presumption of Violation not Created. The fact that any activity for which a land development has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this UDO or the terms of the permit.

3.

Violation of State Requirements Not Permitted. Any provision of this UDO shall not permit any person to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or rules and regulations promulgated and approved thereunder or pollute any water of the state as defined thereby.

(Ord. No. 10-35, § 1, 7-13-10)

A land development permit shall be issued to authorize all activities associated with development activity, including, but not limited to, clearing and grubbing, grading, and the construction of such improvements as streets, surface parking areas and drives, storm water drainage facilities, sidewalks, or other structures permanently placed on or in the property except for buildings, signs, or other structures requiring the issuance of a building permit. The permits listed below shall be required.

A.

Reserved.

B.

Utility Development. Utility Development Permit (UDP).

C.

Minor Land Disturbance Permit. Minor Land Disturbing Activities Permit (MLD).

D.

Site Development. Site Development Permit (SDP). A site development permit shall be required for all nonexempt land disturbing activities other than those requiring UDP or MLD permits.

(Ord. No. 09-16, § 1, 4-3-09)

The types of permits shall be required by project type are indicated in Table 10.4.1.

Table 10.4.1
Required Permits by Project Type

(Ord. No. 09-16, § 1, 4-3-09)

A.

Application Submittal. The application for a development permit shall be submitted to the Engineering Department and must include the applicant's civil design and construction drawings, including for copies of an erosion and sediment control plan with supporting data, as appropriate to the proposed project. Said plans shall include, as a minimum, the data specified in this Section.

B.

Completeness Review. The application shall be checked for completeness at the time of submission. Incomplete applications will be returned to the applicant.

An application for a land development permit may proceed simultaneously with an application for a preliminary subdivision plat or site plan, but may not be issued prior to project approval of such plat or plan by the Planning Department, or prior to approval of the Landscaping, Buffers and Tree Protection plan by the City Arborist.

A.

General Requirements.

1.

Application Requirements. An application for a land development shall include:

(A)

Application on the form furnished by the Engineering Department;

(B)

Three copies of the applicable civil design and construction drawings prepared in conformance with the specifications and standards in this UDO;

(C)

Preliminary plat or site plan requesting or reflecting project approval by the Planning Department, if applicable;

(D)

Payment of any land development permit fee, as established from time to time by the City Council; and

(E)

Additional requirements as specified by each type of permit, as stated below.

2.

Other Agency Approval. The applicant may be required by the Engineering Department to secure development approval from other agencies if they are affected by the development. Development approval may be required from but not limited to:

(A)

The City Arborist;

(B)

Fire Department;

(C)

Muscogee County Health Department;

(D)

Georgia DOT;

(E)

Georgia Department of Natural Resources;

(F)

US Army Corps of Engineers; or

(G)

US Environmental Protection Agency.

3.

Comments on Applications. Upon receipt of comments from other City departments, the Engineering Department shall indicate on a copy of the civil design and construction drawings or in writing all comments related to compliance with this UDO, conditions of zoning approval, and other regulations under the purview of the City, as appropriate.

4.

Forwarding of Comments. The Engineering Department shall forward to the applicant the City's review comments.

5.

Compliance. The applicant shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all of the comments of the Planning Division. The owner shall also be responsible for obtaining approval from all other agencies affected by the project prior to issuance of the permit.

6.

Decision on UDP and MLD Permit Applications. Applications for UDP and MLD will be approved or denied as soon as practical but not later than 15 working days after the application is filed.

7.

Decision on SDP Permit Applications. Applications for SDP will be approved or denied as soon as practical but not later than 15 working days after the application is filed.

8.

Minor Changes. Minor changes, revision notes or additions may be made by the reviewer upon the plans, if required for approval, notes shall be part of the approval permit.

9.

Distribution of Copies. Two copies of the approved plan shall be returned to the applicant; one of which shall be retained on site by the construction crew performing the activity.

B.

Specific Requirements by Permit. Specific application requirements for each type of development permit are indicated below.

1.

Reserved.

2.

Utility Development Permit (UDP).

(A)

Applicability. Utility construction, as part of a larger development, such as a subdivision or industrial park, shall require a utility development permit (UDP). An application for a UDP shall include:

(1)

A location plan; and

(2)

Data to define the scope, location and narrative description of control measures to be taken, including a statement that compaction of trench backfill shall be equal to or greater than the density of adjacent soil and means of re-establishing vegetative stabilization.

3.

Site Development Permits (SDP).

(A)

Applicability. A site development permit shall be required for all nonexempt land disturbing activities other than those requiring MLD or UDP permits.

(B)

SDP Application Requirements.

(1)

An application for the SDP shall be submitted to the Department of Engineering, along with three sets of the Site Development plan including the Soil Erosion and Sediment Control Plan, with supporting data, as necessary. Said plans shall include as a minimum, the data specified in Section 10.5.2. of this Chapter and shall conform to the provisions of the Soil Erosion and Sedimentation Control Article of Chapter 8 of this UDO. All applications shall contain a certification that the plan preparer or the designee thereof visited the site prior to creation of the plan or that such a visit was not required in accordance with rules and regulations established by the board. Prior to the approval of the application, a copy of the NOI, General Permit Fee Forms for EPD and the City along with proof of payment of all fees. Upon approval of the application, a minimum of eight sets shall be provided. One stamped approved set shall be kept on the project site at all times.

(2)

A fee in the amount as set by the City Council from time to time, pursuant to Chapter 12 of this UDO.

(3)

In addition to the local permitting fees, fees will also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity include in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8, half of such fees levied shall be submitted to the EPD; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the EPD, regardless of the existence of a local issuing authority in the jurisdiction. Since Columbus, Muscogee County has been designated, as a local issuing authority, $40.00 per acre of land disturbing activity calculated to the nearest one-tenth of an acre shall be paid to Columbus-Muscogee County. The other $40.00 per acre of land disturbing activity shall be paid to EPD.

(C)

Action on SDP Application.

(1)

A SDP application will be approved or denied as soon as practical but not later than 15 business days after application, and supporting data, is filed with the Engineering Department. If the application approval is denied, the reason for denial shall be furnished to the applicant.

(2)

No permit shall be issued by the Local Issuing Authority unless the erosion and sedimentation control has been approved by the District and the Local Issuing Authority has affirmatively determined that the plan is in compliance with this ordinance, and any variances required from stream buffer requirements of the Environmental Protection Chapter are obtained, bonding requirements, if necessary as per Section 10.4.7., are met and all ordinances and rules and regulations in effect with the jurisdictional boundaries of the Local Issuing Authority are met. If the permit is denied, the reason for denial shall be furnish to the applicant.

(D)

Phased Projects. If a tract is to be developed in stages, a separate permit shall be required for each stage.

(E)

Application Process. Immediately upon receipt of an application and plan for a permit, the Local Issuing Authority shall refer the application and plan to the Soil and Water Conservation District for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the Issuing Authority. No permit will be issued unless the plan has been approved by the District, and any variances required from stream buffer requirements of the Environmental Protection Chapter have been obtained. Such review will not be required if the Issuing Authority and the Soil and Water Conservation District have entered into an agreement which allows the Issuing Authority to conduct such review and approval of the plan without referring the application and plan to the District.

(F)

Violations. The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this ordinance. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

(G)

Approval Voided. Approval of an application shall be void one year from approval date if no activity is commenced upon the site to allow issuance of a site development permit. This time may be extended if a written request is received by the City Engineer prior to expiration and it determines site conditions have not changed. If any ordinances are revised or additional ordinances added during that time frame then applicant must modify the plans to meet the new requirements.

4.

Minor Land Disturbing Activities Permit (MLD).

(A)

Minor Land Disturbing Activities Permits may be issued for a construction project that requires 2 weeks and less for completion and involves ⅛ acre or less of disturbed area.

(B)

MLD Application.

(1)

Eight copies of a site plan, as prepared for the building permit application, shall be submitted to the Department of Engineering. The plan shall show as a minimum, the location and type of temporary control measures, existing and proposed drainage facilities, existing buildings, easements, paving, etc., and narrative designating any necessary permanent stabilization.

(2)

A fee in the amount as set by the City Council from time to time, pursuant to Chapter 12 of this UDO, shall be charged.

(C)

Action on MLD Application.

(1)

A MLD will be approved or denied as soon as practical but not later than 15 business days after the application if filed with the Department of Engineering. Minor changes, revisions, notes or additions may be made by the reviewer upon the plans, if required for approval, and such shall be a part of the approved permit.

(2)

Four copies of the approved plan shall be returned to the applicant, of which one copy will be submitted to the building permit section.

(Ord. No. 09-16, § 1, 4-3-09)

A.

When Permit Required. If development or construction is proposed within or affecting an area of special flood hazard (the 100-year flood plain), the development permit application shall include the following additional information.

B.

Application for Permit. Application for a development permit shall include, but not be limited to, the following: plans showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

1.

Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all buildings;

2.

Elevation in relation to mean sea level to which any nonresidential building will be floodproofed;

3.

Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria in this Code;

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

C.

Certification of Lowest Floor Elevation.

1.

The owner shall obtain and record the actual certificated elevation, in relation to mean sea level, of the lowest floor, including the basement, of all new or substantially improved structures, as provided by a registered surveyor.

2.

The Director of Engineering shall verify the lowest floor elevation level and the record shall become a permanent part of the permit file.

D.

Approved Plans. A copy of approved plans and permits shall be kept on the construction site at all times until final inspection has been made and approved.

A.

Reserved.

B.

Effect of Previous Violations. If an applicant for a development permit has had two or more violations of previous development permits, this UDO or the Georgia Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the Director of Engineering shall refer the development permit application to the City Council. The City Council may take such action as indicated below.

1.

Denial of Application. The City Council may deny the development permit application.

2.

Posting of Performance Bond. The City Council may require the applicant to post a bond in the form of government security, cash, irrevocable letter of credit or any combination thereof.

(A)

Maximum Amount of Bond. The bond may not exceed $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity.

(B)

When Required. The bond shall be provided prior to issuing the development permit.

(C)

Failure to Comply. If the applicant does not comply with these development regulations or with the conditions of the development permit after issuance, the City Council may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations.

3.

Approval of Permit. The City Council may approve issuance of the development permit and waive or reduce any performance bond requirement after consideration of such factors as proof of financial ability of the developer or the record of performance of compliance by the developer since the last violation, or any other factors the City Council considers relevant to the protection of the public from potential erosion or sedimentation violations.

(Ord. No. 09-16, § 1, 4-3-09)

A.

Erosion and Sediment Control Plan. A land development permit shall not be issued unless the erosion and sediment control plan has been approved by the Engineering Department has affirmatively determined that the plan is in compliance with all requirements of this UDO. If the development permit is denied, the reason for denial shall be furnished to the applicant.

B.

Issuance of Land Development Permit. Following satisfaction of all comments from the City and receipt of applicable performance surety as well as approvals from the City Arborist, all affected agencies, the Engineering Department shall issue a land development permit authorizing land-disturbing activities to begin based on the approved civil design and construction drawings.

C.

Permits for Phased Development. If the tract is to be developed in phases, then a separate development permit shall be required for each phase.

D.

Suspension, Revocation or Modification of Permit. The land development may be suspended, revoked, or modified by the City, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in title is not in compliance with the approved erosion and sediment control plan or is in violation of this UDO. A holder of a development permit shall notify any successor in title as to all or any portion of the land affected by the approved plan of the conditions contained in the development permit.

A.

Expiration. A development permit shall expire if the development activity described in the permit is not begun within 12 months from the date of issuance.

B.

Renewal. Any development permit that has expired may be renewed by the Engineering Department within six months of expiration. If a development permit has expired for more than 12 months, the applicant shall be required to apply for a new development permit under the development regulations applicable at the time of the new permit application.

A.

Requirements for Development Activity. Persons seeking to perform development activity on land in the city shall not commence or proceed until civil design and construction drawings are approved and a land development permit is issued by the Engineering Department. The drawings described in this Article must accompany an application for a development permit.

B.

Civil Design and Construction Drawings. The civil design and construction drawings for a project shall conform in all respects with the requirements of this UDO, and shall include each of the plans in this Article as appropriate to the project. These plans include:

1.

Erosion, sedimentation and pollution control plan;

2.

Grading plan;

3.

Landscaping, buffer and tree protection plans;

4.

Stormwater management site plan;

5.

Street improvement plan;

6.

Sewage disposal plan; and

7.

Domestic water supply plan.

C.

Preparation of Civil Design and Construction Plans.

1.

Preparation. All civil design and construction plans and supporting studies shall be prepared by or under the supervision of a qualified design professional in addition, the landscaping, tree protection and buffer plan may be prepared by or under the supervision of an arborist certified by the International Society of Arboriculture or a forester registered on a list approved by the City Arborist.

2.

Certification. All plans are to be certified by a qualified design professional.

(Ord. No. 09-16, § 1, 4-3-09)

A.

Compliance. Plans must be prepared to comply with the erosion and sedimentation control requirements using best management practices as provided in Chapter 8.

1.

Design Criteria. Conformance with the minimum requirements may be attained through the use of design criteria in the current issue of the Manual for Erosion and Sediment Control in Georgia, published by the Georgia Soil and Water Conservation Commission as a guide; or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices.

2.

Plan Considerations. The erosion and sediment control plan shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws.

B.

Obtaining a Permit. A permit can only be obtained by the owner of the property.

C.

Requirement for Site Development Permit. A site development permit shall be required for all nonexempt land disturbing activities other than those requiring UDP or MLD permits.

D.

Data Required for Erosion and Sediment Control Plan.

1.

Narrative or Notes, and Other Information. Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes, including the notations listed below. All notes and other information as required under the State General Permit shall also be provided on the plans.

(A)

Installation of Control Measures. Clearing, grading, excavation, filling or other land disturbing activities shall not be permitted until approved erosion and sediment control measures have been installed, except those operations needed to install such measures.

(B)

Notification. The Department of Engineering shall be notified 24 hours prior to commencing any activity, and when such measures are ready for inspection.

(C)

Application of Control Measures. These erosion and sedimentation control measures shall apply to all features of the construction site, including, but not limited to, street and utility installations as well as the protection of individual lots.

2.

Existing and Proposed Land Uses. Description of existing land use at project site and description of proposed project.

3.

Identification of Property Owner. Name, address, and phone number of the property owner.

4.

Identification of Local Contact. Name and phone number of 24-hour local contact who is responsible for erosion and sedimentation controls.

5.

Size. Size of project, or phase under construction, in acres.

6.

Schedule of Activity. Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters, that: "the installation of erosion and sediment control measures and practices shall occur prior to or concurrent with land-disturbing activities."

7.

Storage Capacity. Stormwater and sediment management systems storage capacity, hydrologic study, and calculations, including off-site drainage area and maintenance schedule.

8.

Vegetative Plan. Vegetative plan for all temporary and permanent vegetative practices, including species, planting dates, and seeding, fertilizer, lime and mulching rates. The vegetative plan should show options for year-round seeding.

9.

Details. Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia.

10.

Maintenance Statement. Maintenance statement, as follows: "Erosion control measures will be maintained at all times. Additional erosion and sediment control measures and practices will be installed if deemed necessary by on-site inspection." If full implementation of the approved plan does not prove for effective erosion and sediment control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source.

11.

Location of State Waters. State waters within 200 feet of any part of the project and the 200-foot line.

12.

Easements. Existing and proposed easements.

13.

Sediment Control. A description of the sediment control program and sediment control practices.

14.

Topographic and Soil Conditions. An adequate description of general topographic and soil conditions of the tract as available from the Pine Mountain Soil and Water Conservation District.

15.

Maintenance Program. A description of the maintenance program for sediment control facilities including inspection programs, vegetative establishment of exposed soils, method and frequency of removal and disposal of solid waste material removed from control facilities and disposition of temporary structural measures.

E.

Data required for site plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted.

F.

Maintenance.

1.

Responsibility for Maintenance. Maintenance of all soil erosion and sediment control practices, whether temporary or permanent, shall be at all times the responsibility of the property owner.

2.

Maintenance During Construction. All erosion and sediment control measures shall be continuously maintained by the developer/owner during the construction phase of the development and until permanent stabilization of ditches, shoulders, slopes and all disturbed areas is accomplished to eliminate the need for the temporary control measures which shall then be removed by same.

(Ord. No. 09-16, § 1, 4-3-09; Ord. No. 10-35, § 1, 7-13-10)

A.

Existing and Proposed Contour Lines. Grading plans shall identify existing and proposed topographic contour lines at the interval required for erosion and sedimentation control plans, as provided in this Chapter.

B.

Areas to Be Disturbed. Grading plans are to show all areas to be disturbed, and existing and finished topographic contour lines. Areas where earth or fill materials will be temporarily stored are to be identified.

C.

Undisturbed Areas. Grading plans shall outline any area that is required to remain undisturbed, such as a natural buffer or stream greenway area, and shall identify and describe the protective fencing or staking to be placed surrounding such area.

D.

Effect of Area of Special Flood Hazard. If the property contains any area of special flood hazard, the 100-year flood plain, grading plans in and around the flood plain shall be designed in conformance to all requirements relating to flood damage prevention provisions of this UDO.

All proposed landscaping as required by this UDO, buffers, and trees to be retained or planted as required by the tree preservation and replacement provisions of this UDO, shall be illustrated on a landscaping, buffer and tree protection plan. The individual plans as described in this Section shall be consolidated as one plan and each shall be clearly shown.

A.

Plan Approval Required. The landscaping, buffer and tree protection plan shall be reviewed and approved by the City Arborist prior to issuance of a development permit or any other activity resulting in grading, bulldozing, or other removal of existing vegetation that may affect the health of existing tree coverage.

B.

Site Landscaping Plan.

1.

Scale at 1 inch = 20 feet to 50 feet, as needed to clearly show illustrate the proposed plantings. Multiple sheets keyed to an index sheet may be used.

2.

Caption:

(A)

The name of the development and its acreage (or square footage if less than an acre).

(B)

Name, address, telephone and fax numbers of the property owner and subdivider or developer.

(C)

Name, address, telephone and fax numbers of the applicant.

(D)

Name, address, telephone and fax numbers of the individual or company responsible for the design.

(E)

The name, registration number and seal of the professional under whom the plan was prepared shall be stamped on the plan and signed.

(F)

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

3.

The location and size of all underground or aboveground utilities on the site, including the limits of any public or private utility easements and stormwater detention areas.

4.

The location of all existing and proposed parking areas, sidewalks and other paved or impervious surfaces.

5.

The outline of all existing and proposed buildings and structures.

6.

The boundaries of all natural buffers, greenways and other areas required to remain undisturbed.

7.

The boundaries of each required landscape strip.

8.

A planting plan showing the location, size and common name of proposed plant materials.

9.

The location, size and common name of all existing plant materials to be retained that contribute to meeting the minimum requirements of this UDO for landscape strips or parking lot landscaping.

C.

Buffer Plan. A buffer plan shall be prepared for any buffer required in accordance with the specifications and standards contained in this UDO.

1.

At a minimum, the buffer plan shall include:

(A)

Caption, as required under Section 10.5.4.B.2 for site landscaping plans.

(B)

The boundaries of each required buffer area.

(C)

The location and size of all underground or aboveground utilities on the site, including the limits of any public or private utility easements and stormwater detention areas.

2.

For each natural undisturbed buffer, the plan shall include:

(A)

Methods to be employed to protect the critical root zones of the trees in the buffer from disturbance during construction, including fencing details, erosion control, signage, etc.

(B)

Proposed supplemental plantings required to maintain the visual screen required.

3.

For each structural buffer, the plan shall include:

(A)

All grading and construction details for earthen berms, walls and fences that are proposed as part of the visual screen.

(B)

A planting plan showing the location, size and type of proposed plant materials.

(C)

The location, size and common name of all existing plant materials to be retained that contribute to meeting the minimum requirements of this UDO for buffers.

(D)

Typical cross-sections of the buffer illustrating the improvements proposed and typical location of vegetation. At least one cross-section shall be provided for each buffer.

D.

Tree Protection and Planting Plan. The tree protection and planting plan shall be required for any land disturbing activity.

1.

Tree protection and planting plan; preparation.

(A)

The tree protection and planting plan for any multifamily or nonresidential development shall be related to the site plan for the project. Combination of the tree protection and planting plan and the site landscaping plan is encouraged.

(B)

For subdivisions, the tree protection and planting plan shall be drawn on a copy of the preliminary subdivision plat, to which the information required by this Subsection will be added.

2.

The tree protection and planting plan shall include the following basics:

(A)

For multifamily or nonresidential development projects, scale at 1 inch = 20 feet to 50 feet, as needed to clearly show illustrate the proposed plantings. Multiple sheets keyed to an index sheet may be used.

(B)

Caption, as required under Section 10.5.4.B.2 for site landscaping plans.

(C)

The location and size of all underground or aboveground utilities on the site, including the limits of any public or private utility easements and stormwater detention areas.

(D)

Off-site easements that may be affected by tree plantings must also be shown.

(E)

The location of all existing and proposed parking areas, sidewalks and other paved or impervious surfaces.

(F)

The outline of all existing and proposed buildings and structures.

(G)

The boundaries of all natural buffers, greenways and other areas required to remain undisturbed.

(H)

The boundaries of each required landscape area.

3.

The tree protection and planting plan shall show the following:

(A)

The extent of the development site or disturbed area, the gross area of the site, and the net site area to which the tree conservation requirements apply.

(B)

Specimen trees:

(1)

Each specimen tree to be removed, including its size in DBH and its common name.

(2)

Each specimen tree that will remain on the development site and be protected during construction, including its size in DBH and its common name.

(3)

All other trees or tree stands that are submitted for credit as part of the tree conservation requirement.

(4)

Grade changes or other work adjacent to a specimen tree that would affect it adversely, with drawings or descriptions as to how the grade, drainage, and aeration will be maintained around the tree.

(C)

Tree plan:

(1)

Limits of tree protection and planting areas, showing existing trees to be retained and new trees to be planted, specifying type and size.

(2)

In heavily wooded areas that will not be disturbed, the plan may show only the boundaries of each stand of trees and a list of trees in each stand that are submitted for credit by number and size.

(3)

Calculations showing compliance with the tree unit requirements of the Tree Preservation and Replacement Article of the General Development Standards Chapter of this UDO.

(4)

Planting schedule, if applicable.

(5)

Curb stops to prevent vehicle overhang, where required to protect planting areas and vegetation.

(D)

Irrigation.

(1)

The tree protection and planting plan is to include a note indicating the type of irrigation to be used. If hand watering is the type to be used, the plan must show the location of water faucets or quick couplers that will be used for this purpose.

(2)

If an irrigation system is provided, a separate irrigation plan is to be submitted showing the location of lines and heads, the spray radius for each head, all valves (control, shut off, drainage, etc.), timer and rain sensor location. The name and telephone number of a responsible 24-hour emergency contact shall be prominently displayed on the plan.

(E)

During-construction activities:

(1)

Methods to be employed to protect the critical root zones of the trees in the tree protection areas from disturbance during construction, including fencing details, erosion control, signage, etc.

(2)

Staging areas for parking, materials storage, concrete washout, and debris burn and tub grinding.

(F)

Additional information. Additional information that the City Arborist may require to provide a full understanding of conditions on the site and the elements of the proposed tree conservation plan or during-construction activities.

(G)

Notes. Each tree protection and planting plan shall include notes clearly printed on each plan sheet, as shown in the following figure.

A.

Site Development Permit Required. A site development permit is required for all developments, except for those specifically exempted in this UDO and shall include a stormwater management plan.

B.

Submission of Plan.

1.

Review and Approval. In order to obtain a site development permit, a stormwater management site plan showing the design of the development shall be provided to the Department of Engineering for review and approval.

2.

Effect on Permits. A development permit, building permit or land disturbance permit shall not be issued without an approved stormwater management site plan.

C.

General Standards. All drainage facilities shall be included in a surface drainage plan and shall be so designed to serve the entire drainage area. No increase in peak discharge to existing streams or stormwater sewers shall be permitted unless calculations are submitted and approved showing that such increase will not adversely affect upstream or downstream conditions.

D.

Requirements for Proposed Improvements. The location and size of all proposed stormwater improvements shall be designed in accordance with the Georgia Stormwater Management Manual, Volume 2.

E.

Stormwater Management Site Plan Requirements. The stormwater management plan shall include the information listed below, as more specifically detailed in the Georgia Stormwater Management Manual, Volume 2.

1.

Existing Conditions Hydrologic Analysis.

(A)

A topographic map of existing site conditions (minimum 2-foot contour interval) with the basin boundaries indicated.

(B)

Acreage, soil types and land cover of areas for each sub-basin affected by the project.

(C)

All perennial and intermittent streams and other surface water features.

(D)

All existing stormwater conveyances and structural control facilities.

(E)

Direction of flow and exits from the site.

(F)

Analysis of runoff provided by off-site areas upstream of the project site.

(G)

Methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology.

2.

Post-Development Hydrologic Analysis.

(A)

A topographic map of developed site conditions (2-foot contour interval required) with the post-development basin boundaries indicated.

(B)

Total area of post-development impervious surfaces and other land cover areas for each sub-basin affected by the project.

(C)

Unified stormwater sizing criteria runoff calculations for water quality, channel protection, overbank flooding protection and extreme flood protection for each sub-basin.

(D)

Location and boundaries of proposed natural feature protection areas, such as natural buffers and tree protection areas (see the General Development Standards Chapter of this UDO), and primary and secondary conservation areas (see the Resource Conservation Chapter of this UDO).

(E)

Documentation and calculations for any applicable site design credits that are proposed to be utilized.

(F)

Methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology.

3.

Stormwater Management System.

(A)

Drawing or sketch of the stormwater management system including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls. This drawing is to show design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes.

(B)

Narrative describing that appropriate and effective structural stormwater controls have been selected.

(C)

Cross-section and profile drawings and design details for each of the structural stormwater controls in the system. This is to include supporting calculations showing that the facility is designed according to the applicable design criteria.

(D)

Hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs).

(E)

Documentation and supporting calculations showing that the stormwater management system adequately meets the unified stormwater sizing criteria.

(F)

Drawings, design calculations and elevations for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow.

4.

Downstream Analysis. Supporting calculations for a downstream peak flow analysis using the ten-percent rule necessary to show safe passage of post-development design flows downstream.

5.

Erosion, Sedimentation and Pollution Control Plan. The Stormwater Management Site Plan submission must be accompanied by an Erosion, Sedimentation and Pollution Control Plan prepared in accordance with Section 10.5.2. The erosion, sedimentation and pollution control plan must include:

(A)

All the elements specified in the Georgia Erosion and Sediment Control Act and local ordinances and regulations;

(B)

Sequence/phasing of construction and temporary stabilization measures; and

(C)

Temporary structures that will be converted into permanent stormwater controls.

6.

Landscaping Plan. The Stormwater Management Site Plan submission must be accompanied by landscaping, buffer and tree protection plans prepared in accordance with Section 10.5.4. as applicable to the project. The landscaping, buffer and tree protection plans must include:

(A)

The arrangement of planted areas, natural areas and other landscaped features on the site plan;

(B)

Information necessary to construct the landscaping elements shown on the plan drawings; and

(C)

Descriptions and standards for the methods, materials and vegetation that are to be used in the construction.

7.

Operations and Maintenance Plan. Description of maintenance tasks, responsible parties for maintenance, funding, access and safety issues.

8.

Evidence of Acquisition of Applicable Local and Nonlocal Permits. Such evidence shall include a copy of the Notice of Intent (NOI) form submitted to DNR under General Permit No. GAR100000 (relating to authorization under NPDES for stormwater discharges associated with construction activity).

9.

Waiver Requests (if any). Waivers from the provisions of the Georgia Stormwater Management Manual will be considered by the Engineering Department on a case-by-case basis. Waivers may be granted only when a requirement is shown to be impractical or having no benefit on adequate stormwater management of the site, or for an alternative approach that will have greater benefit and practicality than that otherwise required. See also Special Exception Variances, Section 10.11.4.C.2(A).

(Ord. No. 09-16, § 1, 4-3-09)

A.

Plans must include centerline profiles and typical street sections at 50-foot intervals of all proposed streets. Profiles shall be drawn on standard plan and profile sheet with plan section showing street layout, pavement and right-of-way width, curvature, and required drainage facilities. Typical street sections shall be provided for street widenings.

B.

Where sanitary sewer or storm water sewers are to be installed within a street, the grade, size, location and bedding class of pipe, and the location and invert elevation of manholes shall be indicated on the road profile (as required by Columbus Water Works).

C.

Center line profiles covering streets that are extensions of existing streets shall include elevations at 50 foot intervals for such distance as may be adequate to provide continuity consistent with the standards required by this UDO for street improvements, but no less than 200 feet.

D.

All plan elevations shall be coordinated and sited into US. Coast and Geodetic Survey or Georgia Department of Transportation benchmarks where feasible or into reference monuments established by the Federal Emergency Management Agency.

E.

A street striping and signage plan, showing improvements in accordance with the Manual on Uniform Traffic Control Devices, latest edition as published by the Federal Highway Administration, shall be prepared for any street newly constructed or widened to 4 or more lanes.

A.

Public Sanitary Sewer.

1.

Connection Required. When, in the written opinion of the Health Department and the Columbus Water Works, public sanitary sewer is within a reasonable distance, the subdivider shall tie into this system and provide sanitary sewer services to each lot within the bounds of the subdivision.

2.

Installation. All street sewers serving lots shall be installed by the subdivider.

3.

Sanitary Sewerage Plans. Sanitary sewerage plans, including profiles of all mains and outfalls, lift station and force main details, typical manhole construction details, and other information, shall be prepared in accordance with the requirements of the Columbus Waterworks.

B.

Private Sanitary Sewer.

1.

Public Sewer Not Accessible. When public sanitary sewer is not accessible, an alternative method of sewage disposal for each lot or a community sewerage disposal system may be used, provided the system is in compliance with the standards of the Health Department.

2.

On-site Disposal Systems. For projects to be served by on-site sewage disposal systems, location of septic tank, extent of drain field and attendant structures, location and results of percolation tests, and other information shall be shown as required by the Health Department.

A.

Public Water.

1.

Connection Required. When, in the written opinion of the Health Department and the Columbus Water Works, public water supply is within a reasonable distance, the subdivider shall install a system of water mains and connect to the public water supply.

2.

Installation. The installation of mains and connection to each lot shall be installed prior to the paving of streets.

3.

Domestic Water Supply Plan. The domestic water supply plan shall depict all water system improvements, water mains, fire hydrants, valves and other appurtenances, and other information as may be required by the Columbus Waterworks.

B.

Private Water. Where public water is not available, each lot in a subdivision shall be furnished with a water supply system acceptable to and approved by the Health Department.

A.

Planning Director. The Planning Director shall be responsible for coordination of the approval process for all final subdivision plats.

B.

Certification and Seal. The final subdivision plat shall be certified and sealed by a registered land surveyor.

C.

Compliance. The owner is responsible for compliance with all requirements of this UDO. Approval of a final subdivision plat and acceptance of the public improvements and dedications therein shall not relieve the owner of this responsibility.

A.

Installation of Public Improvements. 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.

B.

Application Submission. Application for a final subdivision plat approval shall be made to the Planning Division. The application shall include the items listed below.

1.

Application Form. A properly completed application form, as furnished by the Planning Division, requesting final subdivision plat review.

2.

Copies. The required number of copies of the final subdivision plat drawing prepared in conformance with the specifications in this Section.

3.

Fees. Payment of all applicable final subdivision plat application and review fees, as established by the City Council.

4.

Payment for Signs, Striping and Signalization. Payment to the City for materials and installation of traffic signs and street name signs. Payment of the cost of street striping or signalization, if required and not completed by the owner, shall also be included in the application.

5.

Maintenance Bond. A maintenance bond or letter of credit providing for the maintenance of all public improvements required by this UDO in the subdivision for a period of two years following the date of acceptance by the City Council.

C.

Completeness Review. The Planning Division shall review the application for completeness at the time of submission. Incomplete applications will be returned to the applicant.

D.

Compliance with this UDO. Within 30 days following receipt of the application, the Planning Director shall indicate on the drawing or in writing all comments related to compliance with this UDO. The Planning Director shall have sole authority to determine the applicability of any provisions of this UDO to the final plat.

E.

Compliance. The owner shall be responsible for compliance with all codes, regulations, and zoning requirements, and for the satisfaction of all the noted and written comments of provided by the Planning Division. Resubmission of all revised drawings shall be made to the Planning Director.

F.

Certificate of Final Approval.

1.

Approval. When all of the requirements of this UDO, and any conditions of zoning approval, have been met, the Planning Director shall sign and date the CERTIFICATE OF FINAL PLAT APPROVAL stamped or printed on a reproducible copy of the final subdivision plat.

2.

Distribution. The executed original of the approved drawing shall be transmitted to the applicant and the Planning Division shall retain such number of copies as determined necessary.

G.

Effect of Final Certification. Once the final subdivision plat has been so certified, it shall be recorded by the applicant with the Clerk of the Superior Court.

(Ord. No. 05-32, § 1, 4-5-05; Ord. No. 09-16, § 1, 4-3-09)

A.

Final Plat Preparation. The final subdivision plat shall be drawn on an appropriate material and sheet size, and using minimum line weights and letter heights as required by O.C.G.A. 15-6-67 for the recordation of maps and plats and as acceptable to the Clerk of the Superior Court.

B.

Conformance with Preliminary Plat. The final subdivision plat shall substantially conform to the preliminary subdivision plat and may constitute only that portion of the approved preliminary subdivision plat that the owner proposes to record at any one time, provided that such portion conforms to the requirements of this UDO.

C.

Complete Survey of Property. The final subdivision plat shall meet the following requirements:

1.

The final subdivision plat shall show all lots being subdivided if said lots are ten (10) acres or less.

2.

Lots subdivided from a lot larger than ten (10) acres or more in size shall show only the new lots being created from the larger lot. The remaining larger lot remnant shall be noted on the plat as the "Parent lot" on said final plat. Said requirement shall only apply to residential properties. Said lot shall be limited to the subdivision of five (5) new lots. If more than five (5) lots are subdivided, then the entire property shall be surveyed.

(Ord. No. 11-55, § 1, 11-8-11)

The final subdivision plat shall contain all caption information and plat data required by Georgia law pertaining to the recordation of maps or plats, as provided in O.C.G.A. § 15-6-67, as well as the additional information required in this Section.

A.

Caption. The maps or plats shall have a title or name, including the name of the subdivision, which shall be contained in the caption, and the caption shall also provide the following information:

1.

The county, land district and land lot, and subdivision, if the property lies within a particular subdivision;

2.

The date of plat preparation;

3.

The scale, stated and shown graphically;

4.

The name, address, telephone number, and registration number of the land surveyor or the statement that he is the county surveyor and is not required by law to be a registered surveyor; and

5.

All reproductions of original maps or plats shall bear the original signature, in black ink, of the registrant placed across the registration seal in order to be a valid or recordable map or plat.

B.

Plat Data. Maps or plats shall be made and prepared in a professional manner and in accordance with the standards of good drafting procedures and shall show the following information, as specified below.

1.

Point of Reference. All maps or plats shall show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be required to relocate the boundary point from the point of reference with the same degree of accuracy required of the parcel surveyed. The point of reference shall be an established, monumented position which can be identified or relocated from maps, plats, or other documents on public record.

2.

Bearings. All maps or plats of boundary surveys or subdivision surveys shall show bearings of all lines of the boundary or lot lines, and distances of all boundary or lot lines, and area of the parcels expressed in acres or square feet.

3.

Right-of-way Widths. All maps or plats shall show the width and the former widths, if pertinent, of all rights-of-way adjacent to or crossing the property or adjacent to any point of reference.

4.

Easements and Encroachments. All maps or plats shall show easements and apparent encroachments, if pertinent.

5.

Curved Lines. In the case of curved lines, the curve shall be defined by curve data to include the radius, arc length, chord bearing, and distance for regular curves. Chord distances and directions shall be given for irregular curves.

6.

Lines and Boundaries. All land lot lines, land district lines, land section lines, and city and county state boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures.

7.

Description of Markers. All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a permanent material such as iron, steel, concrete, or stone.

8.

Arrows. An arrow shall be shown on the map or plat to indicate the principal meridian, and a notation shall be made as to the reference of bearings to magnetic north, astronomic north, or grid north. A grid north reference shall indicate the zone.

9.

Horizontal Distances. All linear distances shown on maps or plats shall be horizontal.

10.

Angular Directions. All angular directions shown on maps or plats shall be represented in degrees and minutes. Where plats state or surveys require accuracy in excess of 1 in 5,000, the angular directions shall be represented in degrees, minutes, and seconds. All angular directions shall be referenced to the principal meridian.

11.

State Plane Coordinates. All maps or plats shall show the state plane coordinates of at least two permanent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown thereon.

12.

Adjacent Subdivisions and Record Owners. The name of all adjacent subdivisions and record owners of an unsubdivided property adjoining the proposed subdivision.

C.

Additional Data. The data listed below is to be shown on the final plat in addition to the caption information and plat data required by Georgia law.

1.

Street Names. Street names including both the name and the suffix, such as "street," "avenue," etc.

2.

Monuments and Markers. Accurate location, material and description of monuments and markers.

3.

Former Name. Name of the former subdivision if any or all of the property has been previously subdivided.

4.

Location. Location sketch.

5.

Lot Lines. Lot lines with dimensions to the 1/100 (0.01) foot, necessary internal angles, arcs, and chords and tangent or radii of rounded corners.

6.

Setback Lines. Building front setback lines with dimensions as to length across each lot and distance from the street right-of-way.

7.

Lots, Sites and Blocks. Lots or sites numbered in numerical order and blocks lettered alphabetically.

8.

Easements. Location, dimensions and purpose of all easements, including slope easements, if required, and any areas to be reserved, donated, or dedicated to public use.

9.

Private Covenants. A listing of the private covenants recorded with each lot or a statement of the location of such covenants, if applicable.

10.

Special Flood Hazards. The extent of any area of special flood hazard, as defined in this UDO.

D.

Roadway Curve and Centerline Data.

1.

Curve Data. Curve data shall be required for all roadway centerline curves of greater than ten degrees on new roads.

2.

Centerline Data. Centerline data including the radius, central angle, arc length, chord bearing and distance, and tangent distance between curves must be given for regular curves. Chord distances and directions shall be given for irregular curves on preexisting roads.

(Ord. No. 09-16, § 1, 4-3-09)

Each final subdivision plat shall carry the following certificates printed or stamped on the plat. The original certificates on the reproducible copy of the final plat shall be signed and dated.

A.

Surveyor's Certificate. A surveyor's certificate, to read as shown and signed in blue ink on the original drawing.

B.

Surveyor's Seal. A surveyor's seal. The reproducible final subdivision plat drawing shall bear the original signature, in black ink, of the registered land surveyor placed across the surveyor's seal in order to be valid and recordable.

C.

Owner's Certificate. Owner's certificate, to read as shown and signed in blue ink on the original drawing.

(Ord. No. 09-16, § 1, 4-3-09)

A statement of the private covenants, if they are brief enough to be put directly on the plat; otherwise, a statement as follows: "This plat is subject to the covenants set forth in the separate document(s) attached hereto dated _______, which hereby becomes part of this plat."

Certification by the Health Department shall be printed or stamped on the plat, as appropriate to the source of water supply and method of waste disposal approved. The certification by the Health Department is to read as shown and signed in blue ink on the original drawing. For developments with public sewerage and public water systems, this certification may be omitted. Health Department certification shall be required per the following state requirements:

Any division of a tract or parcel of land into five or more lots, building sites, mobile home sites, or other divisions, resulting in any single lot of less than three acres, for the purpose, whether immediate or future, of sale or legacy, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided, provided; however; that the following are not included within this definition:

A.

The combination or recombination of previously platted lots or portions thereof where the total number of lots is not increased and the resultant lots conform to the standards of these rules.

B.

The division of land into parcels, all of which are three acres or more in size with minimum width of one hundred and fifty feet (150') for a distance sufficient to provide an adequate area for the placement of structures and improvements including wells and approved installation of approved on-site sewage management systems.

(Ord. No. 10-34, § 1, 7-13-10; Ord. No. 11-55, § 1, 11-8-11)

The appropriate certificate of final plat approval shall be stamped or printed on the final subdivision plat for execution upon its approval.

(Ord. No. 05-32, § 1, 4-5-05)

A.

Required Completion. If construction of any required public improvements was deferred at the time of final plat approval, said work shall have been completed during the two-year maintenance period for the subdivision.

B.

Final Acceptance Inspection. Prior to expiration of the maintenance bond, the Engineering Department shall conduct a final acceptance inspection of the public improvements.

C.

Correction of Defects. The owner shall correct all defects or deficiencies in materials or workmanship and make such repairs as necessary to approximate the as-built condition of the improvements.

The replatting or resubdivision of land shall follow the same procedures, rules and regulations as required for the approval and recordation of a final plat.

After the designation by ordinance of a historic property or historic district, a material change in appearance of the historic property or of a historic or non-historic building structure, site, or work of art within the district shall not be permitted until application for a certificate of appropriateness has been submitted to and approved by the Board of Historic and Architectural Review (BHAR).

The requirements of this Article shall apply to any historic property and to any historic or non-historic building, structure, site, or work of art within an historic district.

A.

Existing Properties, Buildings and Structures. A certificate of appropriateness must be obtained from the BHAR prior to any material change in appearance.

B.

New Structures. A certificate of appropriateness must be obtained from the BHAR prior to erecting a new building, or parking lot on a historic property or within a historic district.

C.

Demolition or Relocation. A certificate of appropriateness must be obtained prior to demolition or relocation of a building, structure, or work or art on a historic property or within a historic district.

D.

Workmanship. A certificate of appropriateness must be obtained from BHAR board prior to abrasive cleaning and/or sandblasting of exterior walls.

E.

Interior Alternations. In its review of applications for certificates of compliance, the BHAR shall not consider interior arrangement or use having no effect on exterior architectural features.

Material changes in appearance, include the installation or removal of, but are not limited to:

A.

Decks, patios, driveways, and walks;

B.

Metal awnings or metal canopies;

C.

Exterior door or doorframe, or the infill of an existing exterior door opening;

D.

Exterior wall, including the enclosure of any porch or other outdoor area;

E.

Relocation of wood, chain link, masonry or garden walls or wrought iron fencing, or the removal of masonry or garden walls, wood, or wrought iron fencing;

F.

Fire escapes, exterior stairs or ramps for the handicap;

G.

Railing or other wood, wrought iron or masonry detailing;

H.

New roofing materials, or removal of existing roofing materials;

I.

Security grilles;

J.

New exterior siding materials, or removal of existing exterior siding materials;

K.

Exterior skylights;

L.

Screen windows or exterior screen or exterior screen doors and storm windows or storms doors; or

M.

Exterior window or window frame or window shutters or the infill of an existing exterior window opening.

The BHAR may take the following actions:

A.

Approve a request for material change as proposed;

B.

Approve a request for material change with any modifications it deems necessary; or

C.

Reject a request for a material change.

The BHAR shall approve an application if it finds that the proposed material changes in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or district. Material changes must be compatible in terms of:

A.

Height;

B.

Proportion of building's facades;

C.

Proportion of openings within the facility;

D.

Rhythm of solids to voids in front facades;

E.

Rhythm of spacing of buildings on streets;

F.

Rhythm of entrance and/or porch projection;

G.

Relationship of materials, texture and color;

H.

Roof shape;

I.

Walls of continuity;

J.

Scale of buildings; and

K.

Directional expression of front elevation.

A decision by the BHAR approving or denying a certificate of appropriateness for the relocation of a building, structure, or object shall be guided by the criteria listed below:

A.

Contributions. The historic character and aesthetic interest the building structure or object contributes to its present setting.

B.

Plans for Vacation. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding areas will be.

C.

Relocation. Whether the building, structure or object can be moved without significant damage to its physical integrity.

D.

Relocation Area. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site or object.

A decision by the BHAR approving or denying a certificate of appropriateness for the demolition of buildings, structures, sites, or objects shall be guided by the criteria listed below.

A.

Significance. The historic, scenic or architectural significance of the buildings, structure, sites, or object.

B.

Ambiance. The importance of the building, structure, site or object to the ambiance of a district.

C.

Reproduction of Site. The difficulty or the impossibility of reproducing such a building, structure, site, or object because of its design, texture, material, detail or unique location.

D.

Rarity. Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the country.

E.

Property Reuse. Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be.

F.

Reasonable Measures. Whether reasonable measures can be taken to save the building, structure, site or object from collapse.

A.

Notice. Prior to reviewing an application for a certificate of appropriateness, the BHAR shall take such action as may be reasonably required to inform the owners of any property likely to be affected materially be the application and shall give the applicant and such owners an opportunity to be heard. In cases where the BHAR deems it necessary, it may hold a public hearing concerning the application.

B.

Review Period. There shall be a 45-day review period for all application. The time period does not begin until applications are deemed complete. Proper documentation shall include drawings, plans and pictures of the proposed alternations and materials as specified in the application.

C.

Evidence of Approval. Evidence of approval shall be by a certificate of appropriateness issued by the BHAR.

D.

Failure to Act. Failure to act within the 45-day period shall constitute approval.

E.

Posting. Certificates of approval must be posted on the property.

F.

Applications for New Construction. New applications for construction shall be accompanied by a building elevation of the adjoining properties with a minimum of 100 feet in distance.

G.

Adjoining Properties. New applications for construction shall be accompanied by a building elevation of the adjoining properties with a minimum of 100 feet in distance.

H.

Demolition. In cases of demolition, the BHAR shall have a total of 90 days to either approve or reject an application.

I.

Denial or Rejection of Application. In the event that the application is rejected, reasons for doing so shall be provided to the applicant in writing.

J.

Building Permits. A building permit will not be issued when a certificate of appropriateness is requested.

K.

Appeals. Appeals may be made to the Board of Zoning Appeals.

Refer to Section 8-14.4 of the Columbus Code for Building Permit Requirements and Fees.

(Ord. No. 05-32, § 1, 4-5-05; Ord. No. 09-16, § 1, 4-3-09; Ord. No. 17-20, § 1, 5-9-17)

A.

Certificate of Occupancy Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefore by the Inspections and Code Enforcement Department stating that the proposed use of the building or land conforms to the requirements of this UDO and other applicable codes and ordinances adopted by the City.

B.

Permanent Electrical Power. Permanent electric power may not be supplied to any structure until a certificate of occupancy shall have been issued and the power company contacted by the Director of Inspections and Codes.

C.

Temporary Certificates. A temporary certificate of occupancy may be issued for a period not to exceed six months during alterations or partial occupancy of a building or structure pending its completion. A temporary certificate of occupancy may include such conditions and safeguards as will protect the safety of the occupants and the public, and no violation exists.

D.

Activities Requiring a Certificate. A Certificate of Occupancy shall be required for any of the following activities.

1.

Occupancy and Use. Prior to occupancy and use of a building or structure, whether newly constructed or enlarged.

2.

Change in Use. Change in use of existing buildings to uses of a different classification.

3.

Change of a Nonconforming Use. Any change in use of a nonconforming use.

E.

Records of Certificates. The Director of Inspections and Codes shall maintain a record of all certificates of occupancy and a copy shall be furnished upon request to any person.

(Ord. No. 09-16, § 1, 4-3-09)

See the Sign Regulations Article of the General Development Standards Chapter of this UDO for sign permits.

This UDO may be amended from time to time in whole or in part by the City Council under the provisions of this Section.

A proposed change to the text of this UDO may be initiated by the City Council or the Planning Advisory Commission by a majority vote of those voting, or by the Director of Planning.

A.

Planning Advisory Public Hearing. Before the City Council may take final action on a proposed text amendment, the Planning Advisory Commission shall hold a public hearing on the proposal.

B.

Calling, Advertising and Holding of Public Hearings. Amendments to the text of this UDO shall follow the same process as a zoning change with regard to the calling, advertising and holding of public hearings.

A.

Changes to Land Development Regulations. The Planning Advisory Commission and the City Council shall consider the standards of this Section in considering any proposal that would result in a change to the text of this UDO, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal.

B.

Standards for Text Changes. The standards listed below shall be utilized when any consideration for a change to the text of these land development regulations is considered.

1.

Consistency with Land Development Regulations. Is the proposed amendment consistent with the purpose and intent of this UDO as stated under Chapter 1?

2.

Compatibility with Comprehensive Plan. Does the proposed amendment further or is it compatible with the purpose and intent of the Comprehensive Plan?

3.

Changing Conditions. Is the proposed amendment required to adequately address new or changing conditions in the city or to properly implement the Comprehensive Plan?

4.

Protection of the Public. Does the proposed amendment reasonably promote the public health, safety, morality or general welfare?

A.

Effective Date. Approval of a text amendment shall be in full force and effect upon its approval or upon the stated effective date thereof, and shall thereupon apply to every property for which a use has not been established or for which a building permit or development permit may subsequently be requested.

B.

Existing Uses and Structures. For a property on which a use, building, structure or other improvements existed in conformity with this UDO prior to the effective date of a text amendment affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed by the provisions of this UDO relating to nonconformities.

C.

Existing Building Permits. Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this UDO prior to the effective date of a text amendment may continue to completion as though no change had occurred and, upon completion, shall be governed by the provisions of this UDO relating to nonconformities.

Persons may appeal to the Board of Zoning Appeals for relief under the following circumstances listed below.

A.

Action by Administrative Official. When aggrieved by an action or an interpretation of an administrative official of the City made under this UDO.

B.

Special Exception. When a special exception is desired for a particular property from certain requirements of this UDO., as specified in this Section.

C.

Creation of Hardship. When compliance with the requirements of this UDO would create a particular and unique hardship.

D.

Flood Protection and Historic Structures. When the requirements for flood protection affect an historic structure.

E.

Effect of a Certificate of Appropriateness. When aggrieved by the provisions of a Certificate of Appropriateness for a historic structure.

A.

Requests for Relief. All requests for relief shall be taken as an appeal to the Board of Zoning Appeals, as provided in this Section.

B.

Administration. 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 Board of Zoning Appeals; and

4.

Maintaining a record of the proceedings of the Board of Zoning Appeals.

(Ord. No. 05-32, § 1, 4-5-05)

A.

Initiation of Appeals. Appeals of an administrative decision may be initiated by any person aggrieved by a decision made under this UDO or by an officer or department head of the City. Such appeal shall be initiated within 15 days of the action or decision appealed from by filing with the Director of Inspections and Code Enforcement a notice of said appeal specifying the grounds thereof.

B.

Referral. The Director of Inspections and Code Enforcement will refer the appeal to the appropriate administrative official, who will attempt to resolve the issue within 30 days of receipt of the notice of appeal. Unresolved issues will be referred to the Board of Zoning Appeals for final action.

C.

Interpretations. The Board of Zoning Appeals, upon appeal of an aggrieved party or at the request of the Director of Inspections and Code Enforcement, shall take one of the actions listed below.

1.

Establish an Interpretation. Interpret the use of words or phrases within the context of the intent of this UDO.

2.

Boundary Determination. Determine the boundaries of the various zoning districts where uncertainty exists.

3.

Decision on an Appeal. Decide appeals from any order, determination, decision or other interpretation by any City official or other person acting under authority of this UDO, where a misinterpretation or misapplication of the requirements or other provisions of this UDO is alleged.

4.

Other Interpretation. Interpret such other provisions of this UDO as may require clarification or extension in specific or general cases.

D.

Effect of Appeal. An appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from, unless the officer or department head from whom the appeal is made certifies to the Board of Zoning Appeals, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which must be granted by a court of competent jurisdiction.

E.

Effect of Decision. A decision of the Board of Zoning Appeals shall be final and may be appealed only to a court of competent jurisdiction.

A special exception variance may be granted subject to the requirements of this Section.

A.

General Limitations on Relief. Special exception variances shall be limited to relief from the following requirements of this UDO:

1.

Minimum building setbacks;

2.

Maximum building height;

3.

Minimum lot width;

4.

Public street frontage;

5.

Buffers and screening;

6.

Signage, in accordance with a uniform sign plan;

7.

Parking requirements;

8.

Roadway widths;

9.

Stormwater management requirements; and

10.

Soil erosion and sedimentation requirements

B.

Standards for Approval. A special exception variance may be granted upon a finding that the relief, if granted, would not cause substantial detriment to the public good or be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity nor diminish and impair property values within the surrounding neighborhood or impair the purpose and intent of the UDO.

C.

Administrative Approval. Special exception variances shall be considered by the Board of Zoning Appeals unless the variance is approved administratively. Only those variances listed below, and within the parameters stated, may be considered for administrative approval.

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.

(A)

Minimum Setbacks. Minimum building setbacks, not to exceed a reduction in the minimum setback required by 25%.

(B)

Maximum Building Height. Maximum building height, not to exceed an additional four feet above the maximum allowed.

2.

Director of Engineering. The Director of Engineering, upon a finding that a special exception variance meets the standards for approval contained in this Section, may administratively approve such special exception variance within and not exceeding the following parameters:

(A)

Stormwater Management. Variances to stormwater management requirements listed below:

(1)

Waivers. The Engineering Department may grant a waiver from the provisions of the Georgia Stormwater Management Manual when a requirement is shown to be impractical or having no benefit on adequate stormwater management of the site, or for an alternative approach that will have greater benefit and practicality than that otherwise required. Such determination shall be made at the sole discretion of the City Engineer based on credible evidence and good engineering practices.

(2)

Alternative Stormwater Management Plan.

(a)

If exceptional circumstances applicable to the site exist such that strict adherence to ordinary provisions will result in unnecessary hardship and will not fulfill the intent of this UDO, an alternative stormwater management plan may be approved, following sound engineering practices.

(b)

The Engineering Department may not grant a variance if the proposed development will change the rate or volume of runoff significantly, have a significant, negative impact on any wetland, watercourse or waterbody, or contribute to degradation of water quality.

(B)

Soil Erosion and Sedimentation Control. Variances to soil erosion and sedimentation requirements listed below.

(1)

The Engineering Department may allow a reduction of larger buffers down to the established 25-foot buffer along the banks of any state waters that is at least as protective of natural resources and the environment as determined by the Director of Engineering or where a drainage structure or roadway drainage structure must be constructed.

(2)

Adequate erosion control measures are to be incorporated in the project plans and specification and implemented.

(C)

Parking. Parking requirements, not to exceed a reduction from the minimum required by 10%, nor an increase in the maximum allowed by 10%.

D.

Effect of Denial. If denied, an application for a special exception variance affecting the same property shall not be reconsidered for a period of 12 months from the date of denial. However, the Board of Zoning Appeals may reduce the waiting period under extenuating circumstances or on its own motion.

E.

Prohibited Special Exception Variances. In no case shall a special exception variance be granted from the conditions of approval imposed on a property through a zoning change granted by the City Council.

(Ord. No. 05-32, § 1, 4-5-05; Ord. No. 09-16, § 1, 4-3-09; Ord. No. 11-55, § 1, 11-8-11)

A hardship variance may be granted subject to the requirements of this Section.

A.

General Provisions.

1.

Relief from Hardship. Relief from the application of the provisions of this UDO may be granted by the Board of Zoning Appeals upon a finding that compliance with such provision will result in a hardship to the property or owner that is substantially unwarranted by the protection of the public health, safety or general welfare, and the need for consistency among all properties similarly zoned.

2.

Limit on Grant of Relief. Such relief may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience to the applicant nor to gain any advantage or interest over similarly zoned properties.

B.

Standards for Approval. A hardship variance may be granted in whole or in part, or with conditions, in such individual case of unnecessary hardship upon a finding by the Board of Zoning Appeals that:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; or

2.

The application of this UDO to this particular piece of property would create an unnecessary hardship; or

3.

There are conditions that are peculiar to the property which adversely affect its reasonable use or usability as currently zoned.

C.

Effect of Denial. If denied, an appeal for a hardship variance affecting the same property shall not be reconsidered for a period of 12 months from the date of denial. However, the Board of Zoning Appeals may reduce the waiting period under extenuating circumstances or on its own motion.

D.

Prohibited Hardship Variances. In no case shall a hardship variance be granted for any of the following reasons or circumstances.

1.

Investments or Real Estate. A condition created by the applicant, including the result of an unwise investment decision or real estate transaction.

2.

Conditions of Zoning Approval. A change in the conditions of approval imposed through a zoning change granted by the City Council.

3.

Lot Size Reduction. Reduction of a minimum lot size required by a zoning district.

4.

Prohibited Land Uses. A use of land or buildings or structures that is not permitted by the zoning district that is applicable to the property.

5.

Increase in Dwelling Units. Any increase in the number of dwelling units or nonresidential building floor area otherwise permitted by the zoning district that is applicable to the property.

A.

Limit on Variances. Flood protection variances may be approved only for the circumstances listed below:

1.

Historic Structures. Reconstruction, rehabilitation or restoration of buildings listed on the National Register of Historic Places or the State Inventory of Historic Places provided that the proposed reconstruction, rehabilitation or restoration will not result in the building losing its historical designation.

2.

Functionally Dependent Use. For the conduct of a functionally dependent use, provided the criteria of this Section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

B.

Criteria for Variances. In passing upon a flood protection variance, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this UDO relating to flood damage prevention, and the:

1.

Danger that materials may be swept onto other lands to the injury of others;

2.

Danger to life and property due to flooding or erosion damage;

3.

Susceptibility of the facility and its contents to flood damage and the effect of such damage on the individual owner;

4.

Importance of the services provided by the facility to the community;

5.

Necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

6.

Availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7.

Compatibility of the use with existing and anticipated development;

8.

Relationship of the use to the comprehensive plan and flood plain management program for that area;

9.

Safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

C.

Conditions of Approval. Upon consideration of the factors listed above, and the purposes of this UDO, the Board of Zoning Appeals may attach such conditions to the granting of the variance as it deems necessary to further the purposes of flood damage prevention.

D.

Prohibited Variances. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood elevation would result.

E.

Conditions for Variances. Conditions for flood protection variances are as provided below.

1.

Minimum Variance. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of an historical building, a determination that the variance is the minimum necessary so as not to destroy the historical character and design of the building.

2.

Additional Standards. Variances shall only be approved upon:

(A)

Showing of good and sufficient cause;

(B)

Determination that failure to grant the variance would result in exceptional hardship; and

(C)

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

3.

Notice of Approved Variance. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

4.

Records. The Director of Inspections and Code Enforcement shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(Ord. No. 09-16, § 1, 4-3-09)

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:

1.

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.

2.

The Director of Engineering shall grant a variance based on the criteria as set forth in Section 10.11.6.1.A.

(Ord. No. 10-17, § 1, 5-25-10)

Any person adversely affected by any determination made by the Board of Historic Architectural Review and/or the Uptown Facade 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 Facade 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 Facade 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 Facade Board abused its discretion in reaching its decision.

(Ord. No. 10-17, § 1, 5-25-10)

A.

Application. An application for an appeal shall include such descriptions, maps or drawings as needed to clearly illustrate or explain the action requested. The application must include a clear statement of the basis for the appeal and the action requested. The Director of Inspections and Code Enforcement may request such additional information from the appellant as necessary to provide a full understanding of the appellant's request.

B.

Referral. Upon receiving a complete application of an appeal, the Director of Inspections and Code Enforcement shall refer the application to the appropriate administrative official. Within 15 days of receipt of a complete application:

1.

The administrative official shall resolve the issue administratively, if possible; or

2.

If administrative resolution is not possible, the administrative official shall assemble such memos, papers, plans or other documents as may constitute the record for the appeal or as may provide an understanding of the issues involved, and prepare a written response.

C.

Failure to Resolve. If the issue cannot be resolved administratively, within 30 days of receipt of the complete application, the Director of Inspections and Code Enforcement shall send to the Board of Zoning Appeals and the appellant the written response of the appropriate administrative official.

D.

Schedule for Consideration. The appeal shall be scheduled for the next scheduled meeting of the Board of Zoning Appeals after 30 days following receipt of a complete application for the appeal or a date mutually agreed upon in writing by the appellant and the Director of Inspections and Code Enforcement and for which adequate public notice can be given.

E.

Public Notice.

1.

Required Period of Notice. At least 15 days but not more than 45 days prior to the public hearing, notice shall be published in a newspaper of general circulation within the City. The Inspections and Code Enforcement Department shall prepare such notice, which shall state the time, place and purpose of the hearing.

2.

Notice Required. A request for any type of variance or appeal shall be heard at a public hearing only upon the provision of notice as provided below.

(A)

Published Notice. The published notice, in addition to the requirements above, shall include the location of the property, the present zoning classification of the property, and the nature of the requested action.

(B)

Mail Notice.

(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 300 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.

(2)

The notice shall state the time, place and purpose of the hearing by the Board of Zoning Appeals.

F.

Withdrawal of an Appeal. Any appellant wishing to withdraw an appeal prior to the meeting of the Board of Zoning Appeals shall file a written request for such withdrawal with the Director of Inspections and Code Enforcement. The appeal shall thereupon be removed from the Board's agenda and the request shall have no further effect.

G.

Board of Zoning Appeals Public Hearing.

1.

Convening of Meeting. The public hearing shall be convened at the scheduled time and place by the Chairperson, the Vice Chairperson or the Board of Zoning Appeals' designee, who shall act as the Presiding Official.

2.

Record of Appeal. The Director of Inspections and Code Enforcement of shall submit the assembled record of the appeal to the Board of Zoning Appeals. The Director of Inspections and Code Enforcement, or other appropriate party if the appeal was taken from an administrative action or interpretation, shall provide such information or explanation as appropriate to the circumstances of the appeal.

3.

Appearances at the Hearing. At the hearing, any party may appear in person or by agent or by attorney.

(A)

Presentation. A person in attendance shall not speak unless first formally recognized by the Presiding Official.

(B)

Identification. Upon rising to speak each person recognized shall state their name and home address.

(C)

Limits on Presentations. The Presiding Official may place reasonable limits on the total time allowed for presentation of the request.

(D)

General Public Presentations. If reasonable time limitations permit, any member of the general public may speak at a hearing. However, the appellant and nearby property owners shall be afforded the first opportunity to speak.

4.

Order of Public Presentations. The appellant shall be allowed to speak first in order to present the request. Others in support of the request may then speak, followed by those in opposition to the request.

5.

Rebuttal. The appellant will then be allowed time for rebuttal. Rebuttal must be limited to points or issues raised by opponents to the request at the hearing.

6.

Cross-examination Permitted. Upon request, the Presiding Official shall allow cross-examination of witnesses by representatives of the appellant or the opposition.

7.

Questions by Board of Zoning Appeals. During the public hearing, Board of Zoning Appeals members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

8.

Action by Board of Zoning Appeals. At the meeting, following presentation of the appeal, action shall be taken by vote of the Board of Zoning Appeals.

(A)

Motion to Approve or Deny. A motion to approve or deny an appeal must be approved by an affirmative vote of a majority of the members voting in order for the motion to be approved.

(B)

Failure of Motion to Approve. If a motion to approve an appeal fails, the appeal is automatically denied. If a motion to deny an appeal fails, another motion would be in order.

(C)

Effect of Tie Vote. A tie vote on a motion for approval of an appeal shall be deemed a denial of the appeal. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(D)

Failure to Act. If no action is taken on an appeal, it shall be considered tabled and action deferred to the next regular meeting of the Board of Zoning Appeals.

9.

Board of Zoning Appeals Actions. In taking action on an appeal, the Board of Zoning Appeals may:

(A)

Approve, approve with changes, approve with conditions, or deny the request; or

(B)

Table the appeal for consideration at its next scheduled meeting; or

(C)

Allow withdrawal of the appeal at the request of the appellant.

(Ord. No. 05-32, § 1, 4-5-05)

A.

Permits Affected by Owner-Initiated Zoning Change. Upon submission of a valid application by a property owner for a zoning change or for the granting of an appeal on a property, permits shall not be issued nor shall any actions be undertaken on the property that may be affected by the outcome of such application.

B.

Permits Affected by City Council-Initiated Zoning District or UDO Text Change. Upon the initiation of a zoning change or text amendment to this UDO by the City Council, no permits shall be issued nor shall any actions be undertaken on any property that may be affected by the outcome of such zoning change or text amendment.