(a)

Overlay zoning districts "over- lay" applicable base zoning district classifications to alter some or all of the base zoning regulations that apply to particular sites. Overlay districts work to modify or supplement the regulations imposed by base zoning district when necessary to address special situations or accomplish specific objectives.

(b)

In order to apply regulations of a base zoning district in concert with additional or altered regulations for design or building-types and to implement the intent of this article, the incorporated area of the city, is hereby divided into the following overlay zoning districts:

(c)

Runway protection zone overlay (RPZO). The purpose of the RPZO is to provide additional restrictions on use and height in sensitive airport runway zones in accordance with FAA guidelines.

(d)

Environmental conservation overlay (ECO). The purpose of the ECO is to establish minimum development standards and criteria that will afford reasonable protection of environmentally sensitive natural resources found throughout the city.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The boundaries of overlay zoning districts shall be shown on the official zoning map. The following procedures apply to the establishment, amendment, or termination of all overlay districts unless otherwise expressly stated.

(b)

Overlay district regulations shall be established, amended, or terminated in accordance with the amendment procedures of division 8-4.

(c)

Except as otherwise expressly stated, zoning map amendments establishing, expanding, or reducing the boundaries of an overlay district or terminating all or part of an overlay district shall be processed in accordance with the amendment procedures of division 8-4.

(d)

Section interpretation.

(1)

All applicable regulations of the underlying base zoning district apply to property in an overlay district unless otherwise expressly stated in the overlay district regulations.

(2)

When overlay regulations conflict with regulations that otherwise apply in the underlying base zoning district, the regulations of the applicable overlay govern. If property is classified in multiple overlay districts and the regulations of one overlay district conflict with the regulations of another overlay district, the more restrictive regulation governs.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The RPZO is an overlay regulating the use and design of property at and in the vicinity of Pickens County Airport (KJZP) based on the runway protection zones depicted in the latest revision of the Airport Layout Plan maintained by the Pickens County Airport Authority and identified on the City of Jasper Zoning Map. The purposes of this runway protection zone overlay (RPZO) are to:

(1)

Prevent the establishment and/or expansion of uses, structures, or vegetation, which constitute hazards or obstructions to, or be vulnerable to impact from aircraft operating to, from or near an airport; and to

(2)

Allow for appropriate uses surrounding the airport that further the city's economic development.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

The following generalized land uses are defined as incompatible within the RPZO and are therefore prohibited only on the portions of lots contained within the RPZO boundaries:

(1)

Residential development;

(2)

Any use that would attract and congregate people including, but not limited to, retail commercial development, industrial development, institutions, places of assembly, and places of worship;

(3)

Water uses such as lakes, ponds, and landfills that significantly increase the potential for interference of airborne fowl with landing and departing aircraft;

(4)

Construction activities and land uses, which would produce smoke and/or dust in such a manner so as to impair visibility of pilots using the airport;

(5)

High intensity exterior lighting, including, but not limited to, lighting for signage, private drives, parking lots and security, which is located in such a manner as to impair the visibility of pilots using the airport is prohibited unless such lighting is properly shielded;

(6)

Land uses which create electrical interference with navigational signals or radio communication between the airport and aircraft.

(7)

Height limit: Ten feet below the approach-departure clearance surface, with a maximum height of 35 feet.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Before any existing use, structure, or vegetation may be replaced, substantially altered, rebuilt, allowed to grow higher than permitted height (vegetation), or replanted within the RPZO, a permit must be secured. No such permit shall be granted that would:

(1)

Allow establishment or creation of a flight hazard or use, building, or development not authorized by this section;

(2)

Permit a nonconforming use, structure, or vegetation to increase in height; or

(3)

Become a greater hazard to air navigation or become less compatible in use than it was on the effective date of this section, or than it is when the application for a permit is made.

(b)

The zoning official shall determine which projects require submittal to the FAA's notice criteria tool based on the scope of the project as it relates to 14 CFR Part 77.9. Before any permit is issued as required by this subsection, the applicant shall file with the Federal Aviation Administration FAA Form 7460-1 and provide to the city a copy of all responses received from the Federal Aviation Administration by the applicant as a result of filing Form 7460-1.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The purpose of the ECO is to establish minimum development standards and criteria that will afford reasonable protection of environmentally sensitive natural resources found throughout the city. Based on the findings of the Joint Pickens County-Jasper-Nelson-Talking Rock Comprehensive Plan, it has been determined that the wise management of these resources as defined in this division is essential to maintaining the health, safety, general welfare and economic well-being of the public.

(b)

The city environmental conservation districts shall include the following districts:

(1)

Water supply watershed protection district;

(2)

Wetlands protection district.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Findings of fact. In order to provide for the health, safety, and welfare of the public and a healthy economic climate within the city and surrounding communities, it is essential that the quality of public drinking water be ensured. The ability of natural systems to filter stormwater runoff can be threatened by unrestricted urban and suburban development. Land disturbing activities associated with development can increase erosion and sedimentation that threatens the storage capacity of reservoirs. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxicants, nutrients, and sediment into drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable. Industrial land uses that involve the manufacture, use, transport and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby public drinking water supplies.

(b)

Purpose. The purpose of the water supply watershed protection district regulations is to establish measures to protect the quality and quantity of the present and future water supply for the city that will minimize the transport of pollutants and sediment to the water supply, and maintain the yield of the water supply watersheds.

(c)

District delineation. Protected water supply watershed districts are hereby designated, and shall comprise the land areas that drain to the public water supply intake. The boundaries of these districts are defined by the ridge lines of the respective watersheds and the boundary of a radius seven miles upstream of the respective public water supply intakes. These districts shall be further delineated on the water supply watershed protection district overlay map for the city official zoning district map, which is hereby incorporated and made a part of this chapter by reference.

(d)

Permitted uses. All uses allowed in the underlying zoning districts as established by this chapter except for those listed in subsection (f) of this section are permitted in the water supply watershed protection district, subject to the following standards:

(1)

Natural buffer requirements.

a.

Within a seven-mile radius upstream of the public water intakes, a natural buffer, 100 feet wide shall be maintained on both sides of the stream, measured from the stream banks. Similarly, outside the seven-mile radius, a natural buffer of 50 feet shall be maintained on both sides of the stream.

b.

A natural buffer shall be maintained for a distance of 150 feet from the boundary of any existing or future water supply reservoir.

(2)

Impervious surface limitations.

a.

No more than 25 percent of the land area of any parcel or lot on which new development is placed may be covered by impervious surface within a designated water supply watershed protection district.

b.

Within a seven-mile radius upstream of all public water intakes, no impervious surface shall be constructed within a 150-foot setback area on both sides of the streams as measured from the stream banks. No septic tanks and/or septic tank drainfields shall be located within the 150-foot setback.

c.

Outside a seven-mile radius upstream of all public water intakes, no impervious surface shall be constructed within a 75-foot setback area on both side of the stream, as measured from the stream banks. No septic tanks and/or septic tank drainfields shall be located within the 75-foot setback.

(e)

Exemptions. The following uses are exempt from the stream corridor buffer and setback requirements if they meet the stipulated conditions:

(1)

Utilities.

a.

Utilities shall be located as far as reasonably possible from the stream bank, and shall not impair the quality of the drinking water stream.

b.

Utilities shall be installed and maintained without changing the integrity of the buffer and setback areas as much as possible.

(2)

Forestry and agricultural activities.

a.

Agriculture activities involving the planting and harvesting of crops are exempted if they conform to the best management practices established by the state department of agriculture.

b.

Silviculture activities must conform to the best management practices established by the state forestry commission.

(f)

Prohibited uses. The following are prohibited uses within the water supply watershed protection district:

(1)

All sanitary landfills with or without synthetic liners and leachate collection systems.

(2)

All hazardous-waste manufacture, handling, storage, treatment or disposal facilities, which handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.).

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Findings of fact. The wetlands within the city are indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soil limitations. In their natural state, wetlands serve human and nature. They provide habitat areas for fish, wildlife, and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; open space; and recreational opportunities.

(b)

Purpose. The purpose of this district is to promote the wise use of wetlands and protect them from alterations that will significantly affect or reduce their primary functions for water quality, floodplain and erosion control, groundwater recharge, aesthetic natural areas and wildlife habitat areas.

(c)

District delineation. These regulations shall apply to all lands within wetlands located within the city. The wetland protection district overlay map, adopted as part of this chapter, shows the general location of wetlands and should be consulted by persons contemplating activities in or near wetlands before engaging in a regulated activity. The wetland protection district map is an overlay map of the city's official zoning district map, which is hereby incorporated and made a part of this chapter by reference and shall be on file with the zoning official.

(d)

Wetland development permit requirements. No activity or use except those identified in subsection (e) of this section shall be allowed within the wetland protection district without written permission from the zoning official in the form of a local development permit. Issuance of a local development permit is contingent on full compliance with the terms of this chapter and other applicable regulations. If the area proposed for development is located within 100 feet of the wetland protection district boundary, as determined from the wetland protection district map, a U.S. Army Corp of Engineers determination shall be required. If the Corps determines mat wetlands are present and that a section 404 permit or letter of permission is required, a local development permit will be issued only following issuance of the section 404 permit or letter or permission. Furthermore, the local development permit will only be granted if the proposed use is in compliance with underlying zoning district requirements and other provisions of this chapter.

(e)

Permitted uses. The following uses are permitted by right within the wetland protection district to the extent they are not prohibited by any other ordinance or law and provided they do not require structures, grading, fill, draining, or dredging except as provided herein.

(1)

Forestry practices applied in accordance with best management practices approved by the state forestry commission. (Section 404 does not require permits for normal, ongoing silvicultural activities. However, section 404 does list some required road construction best management practices that must be followed in order to qualify for such an exemption.)

(2)

Conservation or preservation of soil, water, vegetation, fish, or other wildlife, provided they do not affect waters of the state or of the United States in such a way that would require an individual 404 permit.

(3)

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

(4)

Natural water quality treatment or purification.

(5)

Normal agriculture activities including the planting and harvesting of crops and pasturing of livestock. Such activities shall be subject to best management practices approved by the state Department of Agriculture.

(f)

Prohibited uses. The following uses are prohibited in a wetland protection district:

(1)

All hazardous waste manufacturers (see section 94-38(f)).

(2)

All sanitary landfills with or without synthetic liners and leachate collection systems.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)