§ 9.2.4. Land Development Requirements

A.

Buffer and Setback Requirements All land development activity subject to this Division must meet the following requirements:

1.

An undisturbed natural vegetative buffer is maintained for 50 feet, measured horizontally, on all banks of the state waters as measured from the point of wrested vegetation.

2.

An additional setback is maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover is prohibited. Grading, filling and earthmoving must be minimized within the setback. Staff will consider the concept of minimized according to the following criteria:

a.

Design constraints exist due to the size, shape or topography of the land that render the proposed grading, filling or earthmoving in the setback as the minimum possible to perform the necessary construction activity; and

b.

The post-development slope is no greater than 4:1 at any point within the setback, OR post-construction conditions (infiltration and velocity) are comparable to an improvement over the preconstruction conditions.

3.

No septic tanks or septic tank drain fields are permitted within the buffer or the setback. Septic tanks and septic tank drain fields must be coordinated with the Fulton County Health Department and comply with its regulations.

B.

Variance Procedures Variances from paragraph A. above may be granted in accordance with the following provisions:

1.

Where a parcel was platted prior to December 12, 2005, and its shape, topography or other existing physical condition prevents land development consistent with this Division, and the City finds and determines that the requirements of this Division prohibit the otherwise lawful use of the property by the owner, the Board of Appeals may grant a variance from paragraph A. above, provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.

2.

The Board of Appeals will follow the procedure set forth in Sec. 11.6.2.

3.

Variances will be considered only in the following cases:

a.

When a property's shape, topography or other physical conditions existing on December 12, 2005 prevents land development unless a buffer or setback variance is granted.

b.

Unusual circumstances when strict adherence to the minimal buffer and setback requirements in this Division would create an extreme hardship.

4.

Variances will not be considered when actions of any property owner of a given property after December 12, 2005 have created conditions of a hardship on that property.

5.

At a minimum, a variance request must include the following information:

a.

A site map that includes locations of all state waters, wetlands, floodplain boundaries and other natural features, as determined by field survey;

b.

A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

c.

A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer and setback to be affected is accurately and clearly indicated;

d.

Documentation of unusual hardship should the buffer and setback be maintained;

e.

At least one alternative plan that does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;

f.

A calculation of the total area and length of the proposed intrusion;

g.

A stormwater management site plan, if applicable; and

h.

Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.

6.

The following factors will be considered in determining whether to issue a variance:

a.

The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

b.

The locations of all state waters, wetlands, floodplain boundaries and other natural features on the property, including along property boundaries, as determined by field survey;

c.

The location and extent of the proposed buffer or setback intrusion;

d.

Whether alternative designs are possible which require less intrusion or no intrusion;

e.

The long-term and water quality impacts of the proposed variance; and

f.

Whether issuance of the variance is at least as protective of natural resources and the environment.

( Ord. of 4-17-2018(7) , §§ 9-11, 9-12)