(a)

The limits of the Chattahoochee River Corridor Protection (CRCP) district are hereby defined to be all areas within 100 feet horizontally of the river, measured from the riverbank. This area shall remain in an undisturbed vegetative buffer. The 100-foot buffer is measured from the uppermost part of the riverbank, usually marked by a break in slope. Although not within the buffer area, the area between the top of the riverbank and the water's edge shall be included in the CRCP district.

(b)

Because these protective measures allow some latitude with land uses and because the district is not intended to prescribe a specific land use, but rather to define a range of acceptable land uses, the Chattahoochee River Corridor Protection district is designed as an overlay district. Within the range of land uses which can be located within the district, this article establishes performance standards which apply to development within the district. The regulations of the underlying zoning district shall be maintained and not affected, except in the event of conflict or discrepancy between the CRCP district and the underlying district. In that case, the more stringent requirements shall be observed.

(Prior Code, app. D, art. 19(19.1); Ord. of 12-21-1998)

(a)

The intent of the regulations within this zoning district is to limit the use of the Chattahoochee River corridor, in conjunction with other governmental entities along the Chattahoochee River corridor, in order to:

(1)

Assure that the section of the river in the city will not become polluted and unsuitable as a source for potable water;

(2)

Protect the river corridor by establishing a natural vegetative buffer area bordering the river;

(3)

Preserve those qualities that make the river corridor suitable as a habitat for wildlife;

(4)

Help control erosion and to absorb flood waters.

(b)

The further intent of this district is to protect and safeguard the health and welfare of all the citizens of the city by providing protection of the section of the river that is or may be used as a source of drinking water.

(Prior Code, app. D, art. 19(19.2); Ord. of 12-21-1998)

Within the CRCP district, the following conditions and performance standards shall apply, in addition to the regulations of the original district on which the CRCP district is superimposed:

(1)

Within the buffer area, single-family dwellings, including the usual appurtenances, are subject to the following conditions:

a.

The dwelling shall be located on a tract of land containing at least two acres and meeting all other zoning regulations.

b.

There shall be only one such dwelling on each two-acre or larger tract of land.

c.

A septic tank or tanks serving such a dwelling may be located within the buffer area; however, septic tank drainfields shall not be located within the buffer area.

(2)

Industrial and commercial land uses existing prior to the promulgation of the Chattahoochee River Corridor Protection district are exempt from these criteria, provided that:

a.

Industrial and commercial uses shall not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended.

b.

Industrial and commercial activity within the CRCP district shall meet all applicable state and federal environmental rules and regulations.

c.

Septic tanks and septic tank drainfields serving industrial and commercial uses are prohibited within the buffer area.

(3)

The construction of road crossings and utility crossings, provided that the construction of said crossings shall meet all requirements of the city soil erosion and sedimentation control ordinance.

(4)

Agricultural production and management, subject to the following conditions:

a.

Agricultural activity shall be consistent with best management practices established by the state soil and water conservation commission;

b.

Agricultural activity shall not impair the water quality of the river water as defined by the Georgia Clean Water Act;

c.

Agricultural activity shall be consistent with all applicable state and federal environmental regulations, and all regulations promulgated by the state department of agriculture.

(5)

Timber production and harvesting, subject to the following conditions:

a.

Forestry activity shall be consistent with best management practices established by the state forestry commission;

b.

Forestry activity shall not impair the drinking water quality of the river water as defined by the Georgia Clean Water Act.

(6)

Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. § 12-2-8.

(7)

Wastewater treatment facilities.

(8)

Natural water quality treatment or purification facilities.

(9)

Recreational usages consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with this criteria, but a hard-surface tennis court would not. Parking lots are not consistent with this criteria, but paths and walkways would be.

(10)

Other uses as permitted by the state department of natural resources or under section 404 of the Federal Clean Water Act (33 USC 1344).

(Prior Code, app. D, art. 19(19.3); Ord. of 12-21-1998)

(a)

The following uses are exempted within the CRCP district:

(1)

Handling areas for the receiving and storage of hazardous wastes.

(2)

Disposal facilities for hazardous or solid wastes.

(3)

All construction activities within the buffer area, except as provided for in subsection (b) of this section.

(b)

The following uses are exempted from the prohibitions in subsection (a) of this section:

(1)

Land uses prior to the promulgation of the Chattahoochee River Corridor Protection district.

(2)

Mining activities, if permitted by the state department of natural resources.

(3)

Utilities, if such utilities cannot practically be located outside the buffer area, as determined by the local government, provided that:

a.

The utilities shall be located as far from the riverbank as reasonably possible;

b.

Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer area to the extent reasonably possible;

c.

The natural vegetative buffer shall be restored as quickly as possible following any utility construction;

d.

Utilities shall not impair the drinking quality of the river water.

(Prior Code, app. D, art. 19(19.4), (19.5); Ord. of 12-21-1998)