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Home My WebLink AboutORD 7254 TO AMEND COMP ZONING ORD BY AMENDING SECTION 25 (SPECIAL DISTRICTS) 0 t F � ' ORDINANCE 7 254 An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 25 (Special Districts) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by adding to Section 25 (Special District Classifications) the following : SECTION 25-E (Overlay Districts) SPECIAL DISTRICT CLASSIFICATIONS SECTION 25 OVERLAY DISTRICTS 25-E-1 STATEMENT OF INTENT: Overlay zoning is an established method of creating special zoning districts placed over existing base zoning. The purpose of overlay zoning is to provide additional protection and/or guidance for specific areas through regulations and/or incentives that are applied in addition to the base zoning requirements. Overlay districts are tools for implementing plans by protecting critical areas for groundwater recharge, floodplains, or prime farmland. They could also be used to protect the character of neighborhoods, commercial districts, and corridors. They could guide development more carefully than base zoning by identifying future urban zones and mixed use areas, and they could protect critical impact zones such as airports from encroachment. 25-E-2 METHOD OF DESIGNATION: Areas which conform to the intent expressed in 25-1 and the criteria in Section 25-4 may be considered for designation as Overlay Districts. Such designations shall be done on an individual basis by amending the text of the Comprehensive Zoning Ordinance and the maps attached thereto. Designations shall be made as additions to this Section, setting forth the name and geographic description of the overlay district and the additional special regulations and incentives attached thereto. Designation of overlay districts shall follow the procedures set forth in Section 35 of this Ordinance. 25-E-3 APPLICATION: The following are empowered to apply for designation of an Overlay district: The Augusta Commission or any department thereof; the owners of at least 10 contiguous properties, or the owners of 10 percent of the total number of properties within a proposed district. � • The application for designation of an overlay zone shall be accompaniecl by all supporting documentation including the proposed geographical boundaries for the proposed area, the complete text of the proposed additional requirements and/or incentives, a thorough explanation and justification for the proposed designation, and a fee set by the City of Augusta that is sufficient to cover the cost of staff time, public notification, and other expenses. Applications from the Augusta Commission or deparhnents thereof shall not be required payment of fee. When an application is received by the Planning Commission, a determination shall be made regarding its completeness. If incomplete, it shall be returned to the applicant. If deemed complete then within 30 days of receipt, written notice of the application shall be sent by the Planning Commission by regular mail to the owners of all properties located within the proposed district, as shown on the current records of the Tax Assessor's Office. The notice shall set forth the purpose of the district, the geographic limits, the name(s) of the applicants, and the date and time for a public hearing to be held for the purpose of receiving input regarding the proposed Overlay District. At the time that such notice is given, the application shall be deemed accepted, and the procedures set forth in Section 35 of the Comprehensive Zoning Ordinance shall be followed. 25-E-4 CRITERIA FOR DESIGNATION — An application for designation of an overlay district shall conform to the following criteria in order to be considered by the Augusta Commission, whether initiated by the City or by another party: a) The area must be of contiguous geography and it must be characterized by some significant common element, be it environmental sensitivity, period of development, neighborhood character, future development potential, or something similar; and b) The full text of the proposed additional requirements for the proposed overlay district must be provided at the time of the application for designation. Such additional requirements must be reasonable to facilitate the intent and purpose of the designation as well as the Goals, Objectives, Intent and Purpose of the Comprehensive Plan and other pertinent plans adopted by the City of Augusta.; and c) The benefits of the proposed additional regulations to the public health, safety, and welfare shall be sufficiently documented to clearly indicate that they are more significant than the sum of potential effects of diminished property values and other detrimental impacts of the designation. 25-E-5 ADMINISTRATION AND APPEALS: The staff of the Planning Commission shall administer the provisions of this section. Within an approved Overlay District any application for approval of a site plan, subdivision plat, special exception, variance, rezoning, building permit or business license shall be reviewed by staff for conformance with the additional requirements of the applicable overlay zone. If deemed inconsistent with the requirements of this section, then such application shall be rejected. The applicant may appeal such staff decision to the Board of Zoning Appeals (BZA) provided such appeal is heard within 90 days of the staff decision. The applicant in such situations is responsible for filing an application with the BZA and paying such fees as provided for in this Ordinance or in the bylaws of the BZA. r , + ,, . ' 25-E-6 PRE-EXISTING OVERLAY ZONES: Anything provided for in the Comprehensive Zoning Ordinance that might be construed as an Overlay District which pre-dates the adoption of this section shall not be subject to the regulations set forth in this section. SECTION II. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta, Georgia Commission this � th day of June , 201 L �� -0�..��;,�� 1�--� � � ��'��0 �'�� m°°�'°'�•� � �0 MAYOR, AUGUS COMMISSION �� c.. Q ' . � � �e� • �,� �! AUGUSTA, GEORGIA � � e - + i� � � � � � ./ �,� �_ � r � l : m � � AT��: � 4� �r C� �,:ud J�' �' � �� 9 / 6s . i � B ��,,� , � First Reading: May 17 , 2011 Second Reading: d��e 7 �8 , Publish in the Augusta Chroncile June 16 2011