City of Atlanta
Georgia

Ordinance
18-O-1736
Filed without Objection
Dec 2, 2019 1:00 PM

AN ORDINANCE BY COUNCILMEMBER DUSTIN HILLIS TO AMEND CHAPTER 74 (ENVIRONMENT), ARTICLE VI (FLOOD AREA REGULATIONS) TO ADD A NEW SECTION 74-213 TITLED VARIANCE PROCEDURES; AND FOR OTHER PURPOSES.

Information

Department:Office of Research and Policy AnalysisSponsors:Councilmember, District 2 Amir R Farokhi
Category:Personal PaperFunctions:None Required

Item Discussion

(Held 11/27/28 at the request of the author.)

Body

WHEREAS, the City of Atlanta (“City”) is a member of the Metropolitan North Georgia Water Planning District (“District”) which was created by the Georgia General Assembly pursuant to O.C.G.A. section § 12-5-570 et. seq., and as a member of the District the City has committed to adopt a set of integrated watershed management ordinances consistent with model ordinances adopted by the District; and

 

WHEREAS, on May 29, 2013, the City adopted Ordinance 13-O-1021, attached hereto as Exhibit A, for the purpose of maintaining consistency with the District’s Model Floodplain Management/Flood Damage Prevention Ordinance (“Model Ordinance”) and advancing the purposes of such model ordinance; and

 

WHEREAS, subsequent thereto, the District adopted a new version of its model ordinance on August 28, 2013 (attached hereto as Exhibit B); and

 

WHEREAS, various inconsistencies exist between the existing Model Ordinance and the City’s Flood Area Regulations, which include the Model Ordinance’s provision for variances from its terms under certain conditions as compared to the absence of any variance procedure in the City’s Flood Area Regulations; and

 

WHEREAS, for purposes of consistency with the Model Ordinance and in recognition of the need for procedures to provide for variances from the terms of the City’s Flood Area Regulations in a manner that is consistent with the terms of the Model Ordinance, Chapter 74 (Environment), Article VI (Flood Area Regulations), is amended to create a new section 74-213 titled Variance Procedures.

 

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows:

 

SECTION 1: That Chapter 74 (Environment), Article VI (Flood Area Regulations) is amended to create a new section 74-213 titled Variance Procedures which shall read as follows:

 

Section 74-213: Variance Procedures

The following variance procedures shall apply to an applicant who has been denied a permit for a development activity or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this ordinance.

(1)              Requests for variances from the requirements of this ordinance shall be submitted to the Commissioner.  All such requests shall be heard and decided in accordance with procedures to be published in writing by the Commissioner. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(2)              Any person adversely affected by any decision of the Commissioner shall have the right to appeal such decision to the City’s Board of Zoning Adjustment in accordance with procedures to be published in writing by the Board of Zoning Adjustment. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(3)              Any person aggrieved by the decision of the Board of Zoning Adjustment may appeal such decision by writ of certiorari to the Superior Court of Fulton County as provided in O.C.G.A. § 5-4-1 et seq.

(4)              Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance issued shall be the minimum necessary to preserve the historic character and design of the structure.

(5)              Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(6)              Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(7)              In reviewing such requests, the Commissioner and, in the event of an appeal the Board of Zoning Adjustment, shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this ordinance.

(8)              Conditions for Variances:

a.              A variance shall be issued only when there is: (i) a finding of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or the creation of a nuisance.

b.              The provisions of this ordinance are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

c.              No variance shall be granted which is inconsistent with the General Standards Engineering Study Requirements for Floodplain Encroachments, and Floodway Encroachment provisions of Sections 4.3, 4.4, 4.5, 5.1, and 5.2 of the Model Ordinance. 

(9)              The Commissioner shall maintain the records of all variance actions, both granted and denied, and report them to the Georgia Department of Natural Resources and the Federal Emergency Management Agency upon request.

(10)              Any person requesting a variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the Commissioner and, in the event of an appeal the Board of Zoning Adjustment, shall deem necessary for the consideration of the request.

(11)              Upon consideration of the factors listed above and the purposes of this ordinance, the Commissioner and, in the event of an appeal the Board of Zoning Adjustment may attach such conditions to the granting of variances as they deem necessary or appropriate, consistent with the purposes of this ordinance.

(12)              Variances shall not be issued “after the fact” of any development activity undertaken in violation of the terms of the Ordinance.

 

SECTION 2: All ordinances or parts thereof in conflict with this ordinance are hereby waived to the extent of the conflict.

 

 

Meeting History

Nov 19, 2018 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Nov 27, 2018 9:30 AM  City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:J. P. Matzigkeit, Chair, District 8
SECONDER:Carla Smith, District 1
AYES:J. P. Matzigkeit, Joyce M Sheperd, Howard Shook, Carla Smith, Cleta Winslow
ABSENT:Michael Julian Bond, Ivory Lee Young Jr.
Dec 3, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 7, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 15, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 22, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 12, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 26, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 12, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 26, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Apr 15, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Apr 23, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 6, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 14, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 20, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 28, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 3, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 11, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 17, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 25, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 1, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 9, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 5, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 13, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 19, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 27, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 3, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 10, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 16, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 24, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 7, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 15, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 21, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 29, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 12, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 26, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Dec 2, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

AUTOMATICALLY TERMINATED AND FILED PER CHARTER SECTION 2-407 WITHOUT OBJECTION

RESULT:FILED WITHOUT OBJECTION