§ 74-306. Authorized encroachments.

The commissioner may authorize an encroachment to allow development within the buffer upon a showing by the applicant that due to site-specific conditions, the buffer required by this article would result in a hardship or extreme hardship; provided however, the grant of such encroachment shall require mitigation such that post-development conditions are at least as protective of water quality as pre-development conditions.

An authorized encroachment may be granted in accordance with the following:

(a)

Existing lots of record. In addition to the requirements set out in (c), (d) and (e) of this section, the commissioner may grant an authorized encroachment subject to the requirements of this article on existing lots of record (as defined herein):

(1)

The commissioner may grant an authorized encroachment subject to the requirements of this ordinance when literal enforcement of the required buffer would result in a hardship, and no reasonable alternative to an authorized encroachment exists; and

(2)

No authorized encroachment shall be granted to an existing lot of record that allows for development less than or equal to 50 feet from a stream measured in accordance with section 74-303 of this article unless it is a redevelopment that meets the requirements of subsection 74-306(a)(3) of this article or a single- or two-family residential development; and

(3)

No authorized encroachment shall be granted for redevelopment of an existing lot of record unless the redevelopment results in a net reduction of the buffer encroachment from the existing condition, the redevelopment is designed to minimize the degree and impact of the encroachment, and the result of redevelopment is an overall improvement of buffer's ability to provide water quality and other environmental benefits.

(b)

New lots of record. In addition to the requirements set out in (c) and (d) of this subsection, the following shall apply to authorized encroachments on new lots of record (as defined herein):

(1)

No authorized encroachment shall be granted to a new lot of record to achieve greater than the minimum total developable area for a property's zoning classification.

(2)

No authorized encroachment shall be granted to a new lot of record to achieve greater than the minimum development requirements of a commercial lot.

(3)

No authorized encroachment shall be granted to a new lot of record except in the case of an extreme hardship. An extreme hardship shall be based upon on a showing by the applicant (set out more particularly in section 74-308) that no reasonable alternative for compliance exists and denial of such authorized encroachment would result in one of the following:

(i)

non-compliance with applicable state or federal regulatory law, including, in particular, the Americans with Disabilities Act of 1990; or

(ii)

severe and unavoidable hazard to public health or safety; or

(iii)

severe and unavoidable harm to the environment;

provided, however, neither lesser property value by comparison to properties in the vicinity, nor compliance with this or other applicable ordinances shall constitute grounds for extreme hardship.

(c)

All lots of record. The following are applicable to all authorized encroachments.

(1)

Authorized encroachments shall not be granted that reduce the buffer to a width less than the minimum standards established by O.C.G.A. §§ 12-2-8, 12-7-6, or federal law.

(2)

Authorized encroachments shall not be granted for a distance, location, or activity that is greater than necessary to alleviate a hardship or extreme hardship imposed by a strict application of this article.

(3)

Actions of a property owner that have created a hardship or extreme hardship shall not constitute grounds for granting an authorized encroachment.

(4)

The granting of a zoning variance shall not create a right to an exemption under section 74-305 or the grant of an authorized encroachment under section 74-306.

(5)

Authorized encroachments shall not be granted for wells, on-site sewage management systems, detention ponds, or underground stormwater detention facilities, except upon a showing by the applicant of an extreme hardship as set out in section 74-306(b)(3).

(6)

Authorized encroachments shall not be granted for impervious gaming courts.

(7)

Authorized encroachments shall be designed to maximize the area of the buffer where sheet flow discharge of stormwater occurs. The sheet flow of stormwater through the entire buffer shall be the goal of the design. However, where redirection of stormwater is necessary for drainage control, vegetated swales shall be utilized where practicable.

(d)

Mitigation. Mitigation shall be required as a condition for the grant of an authorized encroachment in order to ensure that post-development conditions are at least as protective of water quality as pre-development conditions. Mitigation shall be proposed by the applicant in accordance with guidance prepared by the department of watershed management that shall include, at a minimum, the following options:

(1)

Stormwater quality improvement measures or stormwater quantity reduction measures as specified by the Georgia Stormwater Management Manual;

(2)

Stream or wetland restoration;

(3)

Buffer revegetation as specified in the City of Atlanta Buffer Revegetation Guidelines, which shall be maintained by the department of watershed management and available for public inspection;

(4)

Reduction of run-off beyond pre-development levels;

(5)

Removal of existing impervious surfaces;

(6)

Buffer compensation; or

(7)

Green Infrastructure or low impact development practices designed in accordance with the Coastal Stormwater Supplement of the Georgia Stormwater Management Manual.

(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O-0058), § 7, 4-27-10; Ord. No. 2012-01(11-O-1840), §§ 1, 2, 5, 1-26-12)