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Home My WebLink AboutORD 6616 AMENDING COMP ZONING ORD Augusta Richmond GA DOCUMENT NAME: 0- D ~ - l..e ~ , lo DOCUMENT TYPE: (() (Z\) \rJ~ ~ YEAR: ;;2.()D~ BOX NUMBER: '15 FILE NUMBER: I 4> I (p La NUMBER OF PAGES: ~ I. r l' " ;. ORDINANCE 6616 An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Sections 2, 8, 9, 10 and 11, and adding a new Section 28-D, entitled "Conservation Subdivisions" to the Comprehensive Zoning Ordinance. THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION 1. That the Comprehensive Zoning Ordinance is amended by adding the following in the appropriate alphabetical order to Section 2, General Definitions: · Conservation Subdivision - A subdivision where a large percentage of the overall acreage of the tract is permanently protected as greenspace and the remainder is divided into lots. · Greenspace - An area permanently protected for the commpn use of the general public or for the common use of the residents of a development, and in its natural state or developed only to an extent conforming to these regulations. .. Permanent Protection - Land and/or water which is: (1) Owned by the Federal, State, or Local Government and permanently designated for recreation, conservation, or natural resource protection; or (2) Privately owned and subject to a conservation easement that ensures that the land will be maintained as greenspace and used only in perpetuity for recreation, conservation, or natural resource protection; or (3) Privately owned and subject to a permanent restrictive covenant provided for in O.C.G.A. 44-5-60 (c); or (4) Privately owned and permanently legally protected by any other method that ensures that the property will remain forever as greenspace and be used only for recreation, conservation, or natural resource protection. SECTION II. That the Comprehensive Zoning Ordinance is amended by adding the following to Section 7, A (Agriculture) Zone: 7 -1 (g) Conservation Subdivisions where the overall density of development including portions of the tract devoted to greenspace does not exceed .5 lots per acre. 1 '..' ! " , '. SECTION III. That the Comprehensive Zoning Ordinance is amended by adding the following to Section 8, R-l (One-family Residential) Zone: 8-1(e) Conservation Subdivisions where the overall density of development including portions of the tract devoted to greenspace does not exceed 3 lots per acre. SECTION IV. That the Comprehensive Zoning Ordinance is amended by adding the following to Section 9, R-1A (One-family Residential) Zone: 9-1(e) Conservation Subdivisions where the overall density of development including portions of the tract devoted to greenspace does not exceed 4 lots per acre. SECTION V. That the Comprehensive Zoning Ordinance is amended by deleting the current Section 10-1, R-IB (One-family Residential) Zone in its entirety: 10-1 Lots in an R-IB Zone shall have a minimum width of seventy-five (75) feet and a minimum area of seven thousand five hundred (7,500) square feet; and the regulations applicable to the R-l Zone shall apply. SECTION VI. That the Comprehensive Zoning Ordinance is amended by adding the following new Section 10-1, R-IB (One-family Residential) Zone: 10-1 Permitted Uses a) Any use permitted in the R -1 A Zone subj ect to the restrictions and regulations of the R-IA Zone; b) All the provisions and regulations which apply to the R-lA Zone shall apply to the R-IB Zone, except that every lot in the R-IB Zone shall have a minimum width of seventy-five (75) feet and a minimum area of7,500 square feet; and c) Conservation subdivisions where the overall density of development, including portions of a tract devoted to greenspace does not exceed 5 lots per acre. SECTION VII. That the Comprehensive Zoning Ordinance is amended by deleting the current Section 11-1, R-1 C (One-family Residential) Zone in its entirety 11-1 Lots in an R-IC Zone shall have a minimum width of sixty (60) feet and a minimum area of six thousand (6,000) square feet; and the regulations applicable to the R-l Zone shall apply. 2 t" ..., -';0 , '.. SECTION VIII. That the Comprehensive Zoning Ordinance is amended by adding a new Section 11-1, R-IC (One-family Residence): 11-1 Permitted Uses a) Any use permitted in the R-IB Zone subject to the restrictions and regulations of the R-lB Zone; b) All the provisions and regulations which apply to the R-IB Zone shall apply to the R-lC Zone, except that every lot in the R-1C Zone shall have a minimum width of sixty (60) feet and a minimum area of 6,000 square feet; and c) Conservation subdivisions where the overall density of development, including portions of a tract devoted to greenspace does not exceed 7 lots per acre. SECTION IX. That the Comprehensive Zoning Ordinance is amended by adding the following new Section 28-D: SECTION 28-D - CONSERVATION SUBDIVISIONS 28-1 As Permitted Uses - Conservation subdivisions shall be permitted uses by right in the Agricultural (A) Zone and in the following single-family residential zones: R- 1, R-1A, R-IB, and R-1C if no lot is less than 60% of the minimum lot size permitted in the Zoning Classification, subject to the requirements ofthis Chapter. 28-2 As Special Exceptions - Conservation subdivisions where one or more lots are 60% or less of the minimum lot size permitted in the Zoning Classification may be approved by Special Exception in the A, and R-l, R-1A, R-IB and R-lC Zones. Procedures for approving conservation subdivisions as Special Exceptions shall be as established in Section 26. Approval shall be granted on the basis of a specific plan and its consistency with the Comprehensive PIan, planning principles, and the general development pattern in the area. 28-3 The Planning Commission may grant variances from the requirements found at 28-4 through 28-12 if they are consistent with the Comprehensive Plan, planning principles, and the general development pattern in the area. 28-4 Tract Size - The minimum size tract which can be developed as a conservation subdivision shall be 20 acres. 28-5 Greenspace Requirements - A minimum of 40% of the overall acreage of the tract shall be permanently protected as greenspace. If property that could be developed under the present federal, state, and local statutes, rules, and regulations in the opinion of the Planning Commission makes up more than 50% of the proposed greenspace, then the minimum greenspace requirement is reduced to 30% of the overall acreage of the tract. This greenspace may be dedicated to the Federal, State, or local government for permanent protection as greenspace if a unit of 3 . .;: '"' . , . .. .. " government chooses to accept such donation. It may alternatively be dedicated to a homeowners association or to another entity (such as a land trust) for permanent protection subject to prior approval of a greenspace management plan by the City of Augusta. A greenspace management plan shall provide for the use, ownership, maintenance, and permanent protection of greenspace areas, and the allocation ofresponsibilities for maintenance and operation of greenspace and any facilities located thereon, including financial provisions for stewardship, maintenance, repairs and operation, and long term capital improvements. 28-6 Use of Greenspace Areas - Greenspace may be landscaped and or left with a natural vegetative cover in which no roadways, parking areas, or improvements other than the following may be located: a Recreational facilities specifically permitted by the Planning Commission. a Underground utilities. a Gazebo's, wildlife observation facilities, boat docks, and similar facilities. a Landscaped stormwater detention areas. a Landscaped easement for drainage access, and sewer or water lines. a Other uses found to be compatible with the intent of this section by the Planning Commission. 28-7 Buffers - Where a conservation subdivision is contiguous to an single-family residential zone or single-family residential use that is not part of a conservation subdivision, a buffer strip with a minimum width of 30 feet shall be provided. If a lot in the conservation subdivision adjacent to the contiguous single-family residential zone or area is 80 percent or more of the minimum lot size required in the adjacent zone or area the buffer need not be provided adjacent to such lot. This buffer strip shall be part of the required greenspace and provided for in the greenspace management plan, and it shall conform to the standard for protection in Subsection 8-4-11 (e)(9) of the Augusta-Richmond County Tree Ordinance. 28-8 Lots - The portion of a conservation subdivision that is not devoted to greenspace shall be developed as lots and the related streets, utilities, retention facilities, etc. There shall be no minimum lot size, but housing must be detached and the total number of lots shall not exceed the number of lots that would be permitted by the base zoning classification in the opinion of the Planning Commission. 28-9 Setbacks A) Front setbacks shall be as provided for in the R-l zone, except that variances for lesser setbacks may be granted by the Planning Commission on an overall project basis depending on the nature of the proposal, the surrounding development pattern, the relationship to the Comprehensive Plan, site conditions, and general planning principles. B) Side Setbacks - the minimum side setback shall be five feet except that greater setbacks may be required to conform to fire codes. C) Rear Setbacks - the minimum rear setback is 25 feet, unless a lot is situated in such a way that the rear lot line is adjacent to a greenspace area, in which case the minimum rear setback is ten (10) feet. 4. .. . ~ '., ....... . , \' , D) The setback for community recreational facilities shall be set by the Planning Commission on a case by case basis, but the minimum setback from any exterior property line shall be 30 feet. 28-10 Lot Coverage - The maximum lot coverage, including main buildings and other incidental structures shall be 50% per lot. 28-11 Building Height - shall be as provided for in Subsection 8-6 of this Ordinance. 28-12 Home Occupations - may be permitted pursuant to the provisions of Section 8-3 ofthis Ordinance. 28-13 Accessory Buildings - shall be permitted pursuant to the provisions to Section 8-4 of this Ordinance. 28-14 TV Satellite Dishes - shall be permitted as accessory uses subject to the provisions of Section 8-5.1 of this Ordinance. SECTION X. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this;2; day of 1'~~ ~ ,2003. MAYOR, AUGUST 7;v' /if;r; AUGUSTA, { :iTI ST~' ~_ ~ L A CLERK First Reading: em ay- ";:bO) Second Reading: Q:lo-rl J-- I ,-UJ(J3 ?-. :;Jt!J()3 I 5