Q. If my property already contains a structure or is used within the buffer zone or floodplain, how does the amendment affect me?
A. Existing uses are not affected, UNLESS you expand the existing use or structure by more than 10% of the existing ground coverage.
 

Q. What if I want to improve my property that falls within the buffer zone or floodplain area?
A. For land disturbing activities within these areas you will need to apply for a permit.   There are many uses that are NOT considered land    disturbances:

• ordinary maintenance and landscaping;
• individual home gardens;
• repairs, additions and minor modifications to existing single family homes;
• cutting firewood for personal use.

Q. How wide are the buffer zones being proposed?
A. 100 feet along large rivers, and either (Option A) 50 feet, (Option B) 75 feet or (Option C) 25 feet along perennial streams and lakes. The Athens Grow Green Coalition is urging the adoption of Option B, 75 feet.

Q. Are all uses of property within floodplains prohibited?
A. Not at all!  The prohibited uses are:

• Hazardous waste handling.
• Hazardous and solid waste landfills.
• New structures that require grading or a building permit.

• Excavation and fill to plant new trees or vegetation.
• Restoration or enhancement of environmental areas consistent with state and federal standards and guidelines.
• Placement of structures that don't require a grading or building permit.
• Routine repair and maintenance of existing uses and structures.
• Emergency action of A-CC to mitigate a hazard and measures to remove nuisances or other violations of  law.
• Ordinary maintenance and landscaping of existing disturbed areas, home gardens, repairs, additions of 10% or less of existing lot coverage, minor modification of existing single family dwellings, cutting of firewood for personal use so long as  canopy  cover isn't reduced.
• Natural water quality treatment or purification.
• New public or private transportation or utility stream crossings and water and sewer lines that run parallel to stream (with some safeguards specified).
• Walkways and bike paths constructed of porous materials whenever feasible.
• New stormwater pretreatment facilities provided they can't feasibly be located elsewhere.
• Timber production and forestry so long as a 70% tree canopy is maintained, no trees are removed within 25 feet of stream bank, forestry activity is consistent with Best Management Practices, and forestry  activity  doesn't impair water quality pursuant to the Clean Water Act.
• Agricultural production and management so long as it is consistent with Best Management Practices, doesn't impair water quality, and is consistent with all state and federal laws and regulations.
• Existing land uses except when that land use is enlarged, is moved to another portion of the property, or ceases for a period of more than one year.

Q. Are all uses within Riparian Buffer zones prohibited?
A. No, the following uses ARE permitted:

• Enhancement and restoration projects designed to improve water quality or provide other environmental benefits so long as they are consistent w/ state and  federal standards.
• Placement of structures that don't require a grading or building permit.
• Repair, maintenance, and replacement of existing structures that don't increase the existing structural footprint in the riparian buffer. The disturbed portion of the buffer must be restored and non?native vegetation replaced with native plants.
• Construction of new structures that cover no more than 10% of the buffer on a lot or parcel but which are no closer than 25 feet from the bank.
• Construction of one single-family home located on a tract of at least 2 acres in size w/ no other dwelling on the tract.
• Structures which can't by their nature be located outside the buffer such as boat ramps or canoe launches, provided they meet all requirements of the  Erosion and Sedimentation Control Act, protect the integrity of the buffer area as well as reasonably  possible, and do not impair drinking water.
• Emergency action of A-CC to mitigate a hazard  and measures to remove nuisances or other violations of  law.
• Natural water quality treatment or purification.
• New public or private transportation or utility stream crossings and water and sewer lines that run  parallel to stream (with some safeguards specified).
• Walkways and bike paths constructed of porous  materials whenever feasible.
• New stormwater pretreatment facilities provided they can't feasibly be located elsewhere.
• Timber production and forestry so long as a 70% tree canopy is maintained, no trees are removed within 25 feet of stream bank, forestry activity is consistent  with Best Management Practices, and forestry  activity  doesn't impair water quality pursuant to the Clean Water Act.
• Agricultural production and management so long as it is consistent with Best Management Practices,  doesn't impair water quality, and is consistent with  all state and federal laws and regulations.
• Existing land uses except when that land use is enlarged, is moved to another portion of the  property,  or ceases for a period of more than one year.
• Wildlife and fisheries management activities.

Q. Will this resolution affect how I can subdivide property that includes buffer zone or floodplain?
A. Yes.  All lots modified by lot line adjustments, or new lots created from existing lots which contain buffer zone or floodplain areas, must contain a buildable area large enough to accommodate the uses permitted in the underlying zone.  This means that some lots that are larger than the minimum size required in the zoning ordinance may not be allowed to be further divided.

Q. What if so much of my lot is within the buffer zone that I can’t build as many structures as I had planned?
A. Density may be transferred out of unbuildable areas to buildable areas of a lot, so long as a covenant is recorded which limits Land Disturbing Activity or construction on the area from which density is transferred.  The density within the buildable area may not exceed twice the permitted density allowed by the underlying zone.

Q. Can any variances be granted?
A. Yes:

• The Board of Adjustments may grant a variance, subject to conditions and a mitigation plan, where the buffer zone requirements represent an extreme hardship for the landowner such that little or no reasonable economic use of the land is available without a variance.
• Also, Planning staff may permit a minor variance, a reduction in buffer width over a portion of a property in exchange for an increase in buffer width elsewhere on the same property, such that the average buffer width is that specified by law (25, 50, or 75 feet depending on how the commission votes). In no case can a minor variance decrease buffer width more than 25 feet.