Created on 11/16/2012

AN ORDINANCE

NO.

An ordinance amending the Unified Development Ordinance (UDO) for Columbus, Georgia so as to amend certain sections of the Unified Development Ordinance of the Columbus Codes so as to amend the rezoning case process and correct certain errors.

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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:

SECTION 1.

Chapter 10 of the Unified Development Ordinance is hereby amended by amending Section 10.2.5.A to read as follows:

A. Public Notice – Prior to Planning Advisory Commission.

1. Notification to the General Public

(A) Posting of Property. A zoning change initiated by a party other than the City Council, the Planning Department, or the Planning Advisory Commission shall be heard at a public hearing only upon completion of posting of the property as provided herein.

(1) At the time a petition for a zoning change is filed with the Planning Department, the petitioner shall post a sign or signs of wood or metal, at least 48 vertical inches by 72 horizontal inches in size, and with lettering of at least 3 inches in height in black letters on a white background, except that the existing and the proposed zoning districts shall be in red letters.

(a) The sign shall list the name of the applicant, applicant’s telephone number, address of property, present zoning, proposed zoning, proposed use of the property and the telephone number of the Planning Department.

(b) A sign shall be placed within one foot of the public right-of-way along street frontage of the property at 500-foot intervals for which the zoning change has been requested.

(d) If the property has no street frontage, the sign shall be placed within one foot of the right-of-way of the street or road at each location from which access will be gained to the property.

(2) The petitioner shall notify the Planning Department in writing that the signs have been erected and where they are located. The petitioner shall submit photos of said sign or signs.

(3) The signs shall remain posted until final action has been taken by the Council or the application has been withdrawn.

(4) The petitioner shall remove all "notice to rezone" signs within ten days after final action by Council.

2. Mail Notice to Surrounding Property Owners. If the proposed zoning change was initiated by a party other than the City Council, the Planning Department or the Planning Advisory Commission, mail notice shall also be given to surrounding property owners as indicated below.

(A) At least seven days prior to the Planning Advisory Commission meeting, the Planning Department shall mail a notice to all persons owning property located within 300 feet of the proposed property that is the subject matter of the zoning change. However, at the discretion of the Planning Director, notice shall be mailed to property owners beyond the 300 feet notification requirement;

provided, however, notice shall not be mailed to any property owner more than 500 feet from the property subject to zoning change. The written notice shall be mailed to the property owners as such names and addresses appear on the County's ad valorem tax records.

(B) The notice shall state the time, place and purpose of the Planning Advisory Commission meeting.

Chapter 10 of the Unified Development Ordinance is hereby amended by amending Section 10.2.5.C to read as follows:

C. Planning Department Review

1. Report for Zoning Change Approval. A Planning Department staff report with a recommendation of approval or conditional approval for a zoning change shall be delivered to the Clerk of Council’s Office. At such time, Planning Department will advertise the date, time, and place for the public hearing in accordance with 10.2.5.C.3(A).

2. Report for Zoning Change Denial. A Planning Department staff report with a recommendation of denial for a zoning change shall be delivered to the Clerk of Council’s Office. The applicant for the change shall appeal the recommendation to the City Council.

3. Notification for Affected Councilors. The Planning Department shall notify a City Councilor of a proposed rezoning case in his/her council district. Said notification shall take place upon submittal of the staff report(s) to the Clerk of Council. At-large Councilors shall be notified of all proposed rezoning cases upon submittal of the staff report(s) to the Clerk of Council.

(A) Time Period for Appeal. An appeal shall be made within two weeks after the Clerk of Council receives the recommendation of the Planning Department.

(B) Effect of Appeal. If the applicant appeals, the Clerk of Council will notify the Planning Department. At such time, Planning Department will advertise the date, time, and place for the public hearing in accordance with 10.2.5.C.3(A). If no appeal is made, the Council shall consider the petition withdrawn by the applicant.

3. Public Notice – Prior to Council public hearing.

(A) Notification to the General Public

(1) Newspaper Advertisement.

(a) At least 15 days but not more than 45 days prior to the public hearing, notice shall be published in a newspaper of general circulation within the City. The Planning Department shall prepare such notice, which shall state the time, place and purpose of the hearing.

(b) The published notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property or the special exception use requested.

(2) Mail Notice to Surrounding Property Owners. If the proposed zoning change was initiated by a party other than the City Council, the Planning Department or the Planning Advisory Commission, mail notice shall also be given to surrounding property owners as indicated below.

(a) At least seven days prior to the City Council meeting, the Planning Department shall mail a notice to all persons owning property located within 300 feet of the proposed that is the subject matter of the zoning change. However, at the discretion of the Planning Director, notice shall be mailed to property owners beyond the 300 feet notification requirement;

(b) The notice shall state the time, place and purpose of the City Council meeting.

Chapter 7 of the Unified Development Ordinance is hereby amended by amending Section 7.4.1.D to read as follows:

D. Street Names and Traffic Control. Street name signs, stop bars, striping and traffic control signs as approved by the City shall be provided at the developer’s expense.

Chapter 13 of the Unified Development Ordinance is hereby amended by amending the definition of Auto/truck repair, major to read as follows:

Auto/truck repair, major means an establishment engaged in the installation, repair and maintenance of vehicle engines, including electrical systems; fuel systems; general engine repair, rebuilding and replacement; mufflers and exhaust systems; transmissions and drive trains; vehicle reconditioning; and similar activities that involve the repair, overhaul, removal, adjustment, replacement, assembly or disassembly of parts of any motor vehicle.

Chapter 3 of the Unified Development Ordinance is hereby amended

by amending Table 3.2.10 to read as follows:

FACILITY TYPE

Zoniing District

Attached
Wireless Array

Concealed Support Structure

New Tower

Collocation on
Existing Tower

RE	AR	SE	SE	BP
Residential Zoning Districts (All)	AR	SE	X	BP
HIST	AR/BHAR	AR/BHAR	X	BP RO	AR	AR	SE	BP
				UPT	AR	BP	SE	BP
				NC and CRD	AR	AR	SE	BP
				GC and SAC	AR	BP	SE	BP
				LMI, HMI and TECH	BP	BP	SE	BP

Notes and Additional Standards.
AR=Administrative Review
SE=Special Exception Use
BP=Building Permit
X=Prohibited
BHAR=Board of Historic and Architectural Review

Chapter 4 of the Unified Development Ordinance is hereby amended

by amending Table 4.5.4 to read as follows:

Standard	Large Maturing Tree²	Small Maturing Tree²	Shrubs	Ornamental Grasses
Minimum Size at Planting¹	8 feet	5 feet	18 inches	18 inches
Minimum Caliper at Planting¹	2 inches	`1.5` inches	N/A	N/A
Overhead Utility Wires	Not located within 20 feet of overhead wires	Within 20 feet, 2 inch minimum caliper, single stem tree	N/A	N/A
Transmission and Sub-transmission Lines	No vegetation over 15 feet in height permitted	No vegetation over 15 feet in height permitted	No vegetation over 15 feet in height permitted	N/A
Notes. ¹Measured 6" above the top of the root mass immediately after planting. ²See Table `4.6.5` to identify large and small maturing tree species.

Chapter 4 of the Unified Development Ordinance is hereby amended by amending Table 4.6.4 to read as follows:

Zoning District	Tree Density Standards¹
RE10	12
RE5	12
RE1	12
RT	10
SFR1	10
SFR2	8
SFR3	6
SFR4	4
PUD, PCD, PMUD, PID	Requirements of previous zoning, but no less than 10. TDU values must remain the consistent throughout project.
NOTE. ¹Indicates tree density per acre.

Chapter 4 of the Unified Development Ordinance is hereby amended by amending Table 4.6.5 to read as follows:

Common Name/ Latin Name	Growth Rate²	Maximum Height (Feet)	Shape³	Screening	Fall Color	Flowers	Bark	Tolerates Poor Drainage	Location⁴	Comments¹
Large Maturing Trees
Bald Cypress *Taxodium distichum*	M	50—80	NP				X	X	A	Produces small leaves that do not need raking.
Beech, American *Fagus grandifolia*	M	60—80	BP		X		X		L	Leaves persist through winter.
Birch, River *Betula nigra*	F	40—70	S				X	X	P,L	Subject to drought problems.
Blackgum *Nyssa sylvatica*	S-M	30—50	BP		X				P, S,L	Early fall color change.
Cedar, Atlantic White *Chamaecyparis spp.*	M	40—50	BP	X				X	P	None.
Cedar, Deodar *Cedrus deodara*	M-F	40—70	BP	X					L	Subject to winter injury up to age 15 years.
Cedar, Eastern Red *Juniperus virginiana*	M	40—50	C	X					L	Living Christmas tree.
Chinese pistache *Pistacia chinensis*	M	45—50	G		X			X	A	None.
Cypress, Arizona *Cupressus arizonica*	M	30—40	C	X					L	Dry, full sun.
Elm, Lacebark *Ulmus parvifolia var.*	M	40—50	G				X		A	Resistant to Dutch Elm Disease.
Elm, Princeton *Ulmus americana ‘Princeton’*	M-F	60-80	V		X	X		X	P, S	Resistant to Dutch Elm Disease.
Elm, Winged *Ulmus Alata*	M	40—60	V						A	Moderately resistant to Dutch Elm Disease, alternative to American Elm.
Gingko *Gingko biloba*	S	50—80	NP		X			X	A	Plant grafted male only, pest free, tolerates pollution.
Goldenrain Tree *Koelreuteria paniculata*	M-F	30—40	G						A	Showy golden fruit.
Hickory *Carya spp.*	S	50—80	S		X		X		A	Dry, leaf color change in fall.
Holly *Ilex spp.*	S	20—40	BP	X					A	Evergreen, red berries, leaves prickly.
Hophornbeam *Ostrya virginiana*	S	25—50	S				X	X	A	Tolerates city conditions.
Hornbeam, *American carpinus caroliniana*	S	20—50	S				X	X	A	Pest free, tolerates city conditions.
Japanese Cryptomeria *Crykptomeria japonica*	M	50—60	NP	X			X		A	None.
Magnolia, Southern *Magnolia grandiflora*	M-F	50—80	BP	X		X			L	Drops large leaves in spring and summer.
Maple, Florida *Acre barbatum*	S-M	30—40	BP		X				A	None.
Maple, Red *Acre rubrum var.*	F	40—60	BP		X			X	A	None.
Maple, Trident *Acre buergeranum*	S-M	30—40	G		X				A	May grow larger.
Oak, Bur *Quercus macrocarpa*	S	70—80	S						A	Dry sites.
Oak, Laurel *Quercus laurifolia*	M-F	60—80	BP						A	High Maintenance.
Oak, Live *Quercus virginiana*	S	40—80	G	X					L	Surface roots.
Oak, Northern Red *Quercus rubra*	M-F	60—80	BP		X			X	A	None.
Oak, Overcup *Quercus lyrata*	S-M	60—80	S						A	Unusual acorn.
Oak, Sawtooth *Quercus acutissima*	F	35—70	G						A	Holds leaves in winter, drops lots of nuts, toughest of oaks.
Oak, Shumard *Quercus shumardii*	M-F	40—80	BP		X			X	A	Good dark red fall color.
Oak, Southern Red *Quercus falcate*	M-F	70—80	BP		X			X	A	None.
Oak, Swamp Chestnut *Quercus michauxii*	M	60—70	S				X		A	Prunes well.
Oak, White *Quercus alba*	S	70—80	BP		X		X		A	May hold leaves, very long lived, leaves red.
Oak, Willow *Quercus phellos*	F	70—80	BP						A	Majestic tree, high maintenance, spider mites.
Pine, Loblolly *Pinus taeda*	F	40—60	BP						A	Susceptible to pine beetle if not kept healthy, genetically improved variety.
Pine, Longleaf *Pinues palustris*	S-M	60—100	BP						A	None.
Pine, Shortleaf *Pinues echinata*	M	60—100	BP						A	Holds cones.
Sourwood *Oxydendrum arboretum*	M	30—50	BP		X		X		A	None.
Sweetbay *Magnolia virginiana*	M-F	10—40	BP		X			X		Semi-evergreen deciduous.
Tulip Poplar (Yellow Poplar) *Liriodendron tulipifera*	F	60—90	BP		X				A	Good soil preferred.
Small Maturing Trees
Bottlebrush Buckeye *Aesculus parviflora*	S	8—12	G		X	X			L	Basal sprouts, rapid growth.
Chaste Tree *Vitex agnus-castus*	M	8—20	G			X			A	Attracts bees.
Cherry, Yoshino *Prunus yedoensis*	M	20—25	S						A	Good soils preferred.
Chinese Flame Tree *Koelreuteria bipinata*	M	20—30	G		X	X			A	Full sun, flowers in fall.
Devilwood *Osmanthus americanus*	S-M	15—25	G		X	X			A	Evergreen.
Dogwood, Flowering *Cornus florida*	M-F	20—25	S			X	X		L	Needs partial shade, good soils preferred.
Dogwood, Kousa *Cornus kousa*	S-M	15—30	S			X	X		L	None.
Downy Serviceberry *Amelanchier arborea*	M	15—25	G		X				A	None.
Fringetree *Chionanthus virginica*	S	15—30	G		X	X			A	Tolerates poor air quality.
Holly *Ilex spp.*	S	20—40	BP	X					A	Evergreen and deciduous.
Magnolia, Little Gem *Magnolia grandifloria var., little gem*	S-M	20—30	BP	X		X			A	None.
Magnolia, Saucer *Magnolia soulangiana*	M	20—30	G			X			L	Landscape perimeter.
Maple, Japanese *Acer palmatum*	S	15—25	S			X			L,S	Needs shade.
Myrtle, Crape (hybrid) *Lagerstroemia x.*	M	15—45	S			X	X	X	A	Must be maintained in tree form.
Redbud, Eastern *Cercis Canadensis*	M	20—30	S			X			P, S,L	Needs partial shade.
Wax Myrtle *Myrica cerifera*	S-M	10—30	S	X				X	A	Evergreen.
Other Species
Other Species										Other species may be used if approved by the City Arborist.
Prohibited Species
Autumn Blaze Maple *Acer sacarinum ‘Freemanii’*										Species cannot be used for required landscape improvements and installation.
Bradford Pear *Pyrus calleryana "Bradford"*
Easter White Pine *Pinus strobes*
Japanese Zelkova *Zelkova Serrata*
Siberian Elm *Ulmus purnila*
Silver Maple *Acer saccharinum*
Notes. ¹Where cultivars or varieties are listed, only that type should be used for tree ordinance compliance. ²Growth Rate: S=Slow M=Medium F=Fast ³Shape: BP=Broadly Pyramidal C=Columnar G=Globular NP=Narrow-leafed and Pyramidal S=Spreading V=Vase-shaped ⁴Location: A=All L=Landscape PL=Parking Lot P=Perimeter S=Street

Chapter 9 of the Unified Development Ordinance is hereby amended
by deleting the D under Reserved in Table 9.2.1 to read as follows:

Procedure	CA	ED	PD	BO	UFB	SWCD	BHAR	PAC	CC	BZA
*Zoning Change*
Zoning Map Amendment			CR					R	D
Special Exception Use			CR					R	D
Development of Regional Impact			CR						D¹
*Project Approval*
Site Plan and Preliminary Plat Review		R	D
*Development Permits*
Reserved

SECTION 2.

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

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Introduced at a regular meeting of the Council of Columbus, Georgia held on the 27^th day of November, 2012 introduced a second time at a regular meeting of said Council held on the ______ day of ________, 2011, and adopted at said meeting by the affirmative vote of ________ members of said Council.

Councilor Allen voting____________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Huff voting______________.
Councilor McDaniel voting_________.
Councilor Pugh voting______________.
Councilor Thomas voting___________.
Councilor Woodson voting_________.

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TINY B. WASHINGTON TERESA PIKE TOMLINSON
CLERK MAYOR