City of Flowery Branch City Council Meeting Thursday, September … › flowerybranchga ›...

City of Flowery BranchCity Council Meeting

Thursday, September 20, 2018, 6:00 PMCity of Flowery Branch City Hall

5410 Pine Street, Flowery Branch GA, 30542

CALL WORK SESSION TO ORDER:

PLEDGE OF ALLEGIANCE:

PUBLIC HEARING:

UNFINISHED BUSINESS - WORK SESSION: Consider the Second Reading of Ordinance #348-18 - Zoning Code Update

24 Signs REDLINED.pdf34 Rezoning and Conditional Uses REDLINED.pdf38 Administrative Variances REDLINED.pdf39 Appeal of Admin Decision REDLINED.pdf40 Design Review REDLINED.pdf41 Permits and Certificates REDLINED.pdf42 Administration REDLINED.pdf43 Enforcement and Penalties REDLINED.pdfOrdinance 348-18 Sept 6.docxOrdinance 348-18 Sept 6.pdf

NEW BUSINESS -WORK SESSION: Consider Consumption on the Premises Beer License for Rope Drop LLC DBA Beer Me

Consider Intergovernmental Agreement with Hall County for E-911 ServicesExecutive SummaryIGA

Consider Contract with Triteck Software for E-911 Calls for Service InformationExecutive SummaryTritech.pdf

Strategy for the Implementation of the Carl Vinson Institute of Government's Classification andCompensation Plan for the City of Flowery BranchFINAL August 2018 Flowery Branch Report.pdfFINAL Updated Flowery Branch Payroll Information - August 2018.pdfFunding Salary Study Implementation Memo to Council 9-13-2018.pdfFamily Coverage Insurance Costs Analysis Memo to Council 9-13-2018.pdf

DEPARTMENT REPORTS: - a. City Manager Reportb. City Clerk Report

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240110/38_Administrative_Variances_REDLINED.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240111/39_Appeal_of_Admin_Decision_REDLINED.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240112/40_Design_Review_REDLINED.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240113/41_Permits_and_Certificates_REDLINED.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240114/42_Administration_REDLINED.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240115/43_Enforcement_and_Penalties_REDLINED.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240116/Ordinance_348-18_Sept_6.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240224/E-911_091318.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240225/E-911.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/240252/092018_Tritech.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/241308/Tritech.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/241286/FINAL_August_2018_Flowery_Branch_Report.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/241287/FINAL_Updated_Flowery_Branch_Payroll_Information_-_August_2018.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/241288/Funding_Salary_Study_Implementation_Memo_to_Council_9-13-2018.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/241289/Family_Coverage_Insurance_Costs_Analysis_Memo_to_Council_9-13-2018.pdf

City Council City Council Page - 2 -

c. Finance Director Reportd. Planning Department Reporte. Police Department Reportf. Attorney Reportg. Council Report

ADJOURNMENT WORK SESSION:

VOTING SESSION AGENDA

CALL VOTING SESSION TO ORDER:

PUBLIC COMMENTS: - Please limit to two minutes

CONSENT AGENDA: Consider Consumption on the Premises Beer License for Rope Drop LLC DBA Beer Me

UNFINISHED BUSINESS - VOTING SESSION: Consider the Second Reading of Ordinance #348-18 - Zoning Code Update

24 Signs REDLINED.pdf34 Rezoning and Conditional Uses REDLINED.pdf38 Administrative Variances REDLINED.pdf39 Appeal of Admin Decision REDLINED.pdf40 Design Review REDLINED.pdf41 Permits and Certificates REDLINED.pdf42 Administration REDLINED.pdf43 Enforcement and Penalties REDLINED.pdfOrdinance 348-18 Sept 6.docxOrdinance 348-18 Sept 6.pdf

NEW BUSINESS - VOTING SESSION: Consider Intergovernmental Agreement with Hall County for E-911 Services

Executive SummaryIGA

Consider Contract with Triteck Software for E-911 Calls for Service InformationExecutive SummaryTritech.pdf

EXECUTIVE SESSION:

ADJOURNMENT:

If you have a disability or impairment and need special assistance please contact the City Clerk prior to themeeting at 770-967-6371 - Meeting agenda is subject to change 2














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FLOWERY BRANCH CITY COUNCIL

EXECUTIVE SUMMARY

SUBJECT: Consider the Second Reading of Ordinance #348-18 - Zoning Code Update

COUNCIL MEETING DATE: September 20, 2018

HISTORY:The zoning ordinance changes were first presented in their entirety to City Council in April. It was decided, due to thevolume of the request, that staff break it down and present it in three smaller ordinances 348-16, 348-17, and 348-18.This (348-18) is the final ordinance for this round of proposed zoning changes.

FACTS AND ISSUES:The new application/information forms will be created and uploaded to Granicus prior to the meeting.

OPTIONS:

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No

AMOUNT AND SOURCE OF FUNDS:

RECOMMENDATION:Approve Ordinance#348-18 as presented.

SAMPLE MOTION: I make a motion to approve Ordinance #348-18 as presented.

COLLABORATING DEPARTMENT:

DEPARTMENT: Planning

Prepared by: Melissa McCain

ATTACHMENTS 24 Signs REDLINED.pdf 34 Rezoning and Conditional Uses REDLINED.pdf 38 Administrative Variances REDLINED.pdf 39 Appeal of Admin Decision REDLINED.pdf 3





40 Design Review REDLINED.pdf 41 Permits and Certificates REDLINED.pdf 42 Administration REDLINED.pdf 43 Enforcement and Penalties REDLINED.pdf Ordinance 348-18 Sept 6.docx Ordinance 348-18 Sept 6.pdf

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Article 24, Signs (Amended through Ord. 348-13) Zoning Ordinance City of Flowery Branch, GA

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ARTICLE 24

SIGNS Sec. 24.1. Objectives. Sec. 24.2. Authority and Scope. Sec. 24.3. Definitions. Sec. 24.4. Applicability. Sec. 24.5. Nonconforming Signs. Sec. 24.6. Sign Limitations When Nonconforming Sign Exists. Sec. 24.7. Exempt Signs. Sec. 24.8. Prohibited Signs. Sec. 24.9. Uniform Sign Plans Required. Sec. 24.10. [Reserved] Sec. 24.11. Specifications for Uniform Sign Plans. Sec. 24.12. Permits and Conformance to Codes. Sec. 24.13. Certificate of Appropriateness. Sec. 24.14. Design Review. Sec. 24.15. Sign Maintenance. Sec. 24.16. Situations Where Maintenance is Required. Sec. 24.17. Removal of Certain Signs. Sec. 24.18. Height of Ground Signs. Sec. 24.19. Increase in Height of Ground Signs. Sec. 24.20. Height of Wall Signs. Sec. 24.21. Sign Setback. Sec. 24.22. Types of Signs Permitted. Sec. 24.23. Number of Signs Limited. Sec. 24.24. Area of Signs Limited. Sec. 24.25. Illumination. Sec. 24.26. Temporary Special Event Signage. Sec. 24.27. Signs on Corner and Double-Frontage Lots. Sec. 24.28. Signs in PUD Zoning District. Sec. 24.29. Variances. Sec. 24.30. Criteria for Acting Upon Sign Variances. Sec. 24.31. Regulations for Signs in Historic Districts. Sec. 24.32. State Regulation of Signs. Sec. 24.33. Changeable Electronic Multiple Message Signs. Sec. 24.34 Historic District Sign Regulations

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Sec. 24.1. Objectives. The objectives of this Article include but are not limited to the following:

(a) Provide a reasonable balance between the right of an individual to identify his or her business or express their thoughts and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and advertising devices.

(b) Guard against an excess of large, aesthetically unappealing, and/or intense signs

which cause visual blight on the appearance of the community. Visual blight adversely affects the aesthetic quality of life and traffic safety in the community for residents, businesses, pedestrians, and persons in vehicles.

(c) Protect the public health, safety and general welfare while protecting the rights of

sign owners to expression and identification.

(d) Provide regulations that vary the sign area based on the zoning district.

(e) Provide regulations that are content neutral. It is not the intent to regulate the content of messages in any way. To accomplish this, these regulations do not distinguish between on-site or off-site sign content, nor do they distinguish between commercial and non-commercial content. Any sign permitted pursuant to this Article may contain commercial or non-commercial content. Sign allowances in this Article take into account the needs for off-premise signs and signs carrying messages of a non-commercial character.

(f) Protect property values by minimizing the possible adverse effects and visual blight

caused by signs.

(g) Insure that signs are compatible with adjacent land uses and with the total visual environment of the community.

(h) Eliminate excessive and confusing sign displays.

(i) Preserve and improve the appearance of the community as a place in which to live

and to work and as an attraction to nonresidents who come to visit or trade. Sec. 24.2. Authority and Scope. Findings Regarding Changeable Multiple Message Signs, Electronic. Changeable electronic multi message signs, which allow operators to change content from remote locations in a matter of seconds, have been shown to create possible threats to public safety. Such signs are erected for the purpose of trying to hold the attention of motorists by changing messages and pictures for short durations using a series of bright, colorful images produced mainly via LED (light emitting diode) technologies. Brightly lit signs that change messages every few seconds compel motorists to notice them, and they lure the attention of motorists away from what is happening on the road and onto the sign. Such signs pose public safety threats because if they attract a motorist’s attention, the motorist will look at the sign and not at the road. Changeable electronic multiple message signs are also a threat to public safety because

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of their brightness, making them visible from great distances. Due to their nature of brightness and changing displays, changeable electronic multiple message signs are more distracting than signs which do not vary the message. Some such signs could, if unregulated, have the appearance of large, plasma-screen televisions. An electronic LED display contains brightly-lit text and graphics which can be seen from hundreds of feet away, drawing the attention of everyone within view. Unless otherwise regulated, such displays can be extremely bright since they are designed to be visible in bright sunlight and at night. Furthermore, the human eye is drawn to them far more strongly than to traditional illuminated signs. Such electronic LED displays can be seen from as far away as six-tenths of a mile, making them a distraction.distracting. It takes a minimum of six seconds to comprehend the message on an electronic sign, which is three times the safe period for driver distraction. For these reasons, it is the intent of the City Council to allow changeable electronic multiple message signs subject to acceptable criteria. The City Council relies on the following studies and findings, among others, as empirical and professional justification for imposing these regulations:

1. Federal Highway Administration (FHWA). September 11, 2001. Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction.

2. University of North Carolina Highway Safety Research Center. May 2001. The

Role of Driver Distraction in Traffic Crashes.

3. University of North Carolina Highway Safety Research Center. May 2003. Distractions in Everyday Driving.

4. Pettitt, M., Burnett, G., Stevens, A. 2005. “Defining Driver Distraction.” Paper

presented at World Congress on Intelligent Transport Systems, San Francisco, November 2005.

5. Wallace, B. 2003. “Driver Distraction by Advertising: Genuine Risk or Urban

Myth?” Proceedings of the Institution of Civil Engineers Municipal Engineer 156 September 2003 Issue ME3, Pages 185-190.

6. Scenic America. “Billboards in the Digital Age: Unsafe (and Unsightly) at any

Speed.” Scenic America Issue Alert 2 Electronic Signs.

A Wisconsin Department of Transportation study examined crash rates on I-94 East and West adjacent to the Milwaukee County stadium, after a variable message sign that showed sports scores and ads had been installed and concluded that “it is obvious that the variable message sign has had an effect on traffic, most notably in the increase of the side swipe crash rate.” An analysis of the 100-Car Naturalistic Driving Study, conducted by the National Highway Traffic Safety Administration, released in 2006, showed that taking one’s eyes off the road for more than two seconds for any reason not directly related to driving (such as checking the rearview mirror) “significantly increased individual nearcrash/crash risk.” A 1998 FHWA memo noted that digital signs raise “significant highway safety questions because of the potential to be extremely bright, rapidly changing, and distracting to motorists.” A 2001 FHWA review of billboard safety studies found that “the safety consequences of distraction from the driving task can be profound.”

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7. Tantala Associates, LLC, 2010 “A Study of the Relationship Between Digital Billboards and Traffic Safety in Albuquerque, New Mexico”, March 2010.

8. Tantala Associates, LLC, 2009 “An Update of the Study of the Relationship

Between Digital Billboards and Traffic Safety in Cuyahoga, Ohio”, November 2009.

9. Tantala Associates, LLC, 2010 “A Study of Relationship Between Digital

Billboards and Traffic Safety in Henrico County and Richmond, Virginia”, November 2010.

10. Outdoor Advertising Associates of America, Inc. “Digital Billboards Today”,

March 2011. (Ord. 348-12) This Article is adopted to serve substantial governmental interests of correcting and avoiding multiple problems that would occur without the regulation of signs. The regulations contained herein are no more extensive than necessary to serve the substantial governmental interests identified in this Article. It is not the intent of this Article to regulate the content of signs, but only their composition, type, location, distance from right-of-way, height, size, illumination, and in some cases the duration they may be displayed, or other non-content basedcontent-based restrictions implied in this Article. It is not the intent of this Article to foreclose important and distinct mediums of expression for political, religious, or personal messages, on any sign permitted to be erected by this Article. These regulations shall not be construed as limiting the message content of any sign. Sec. 24.3. Definitions. For the purposes of this Article, certain terms and words are hereby defined. As used in this Article, unless the context otherwise indicates, the following words and terms shall have the meaning ascribed to them: Abandoned sign: A permanent principal use sign on property containing a building or activity that has ceased operations. Permanent principal use signs on property shall be considered abandoned when there is clear evidence that a business or activity has vacated the building or grounds.; provided, however, that this definition shall not apply to any case where a business or activity is temporarily suspended and there is evidence that the business or activity will resume operations within a six-month period. Advertising device: Any structure or device erected or intended for the purpose of displaying advertising or for which is designed to or attracts attention to the premises, situated upon or attached to real property. For purposes of this Article, an advertising device is a “sign.” Animated sign: A sign with action, motion, sound, or changing colors which accomplishes such action, motion, sound, or changing colors with or without electrical energy. This includes signs with lights or other illuminating devices that blink, flash, fluctuate, or have a changing light intensity, brightness, or color. This definition does not include a “swinging sign” or “multiple message sign” as defined by this Article. For purposes of this Article, the transition of a message on an electronic multiple message sign shall not be considered “animation.” (Ord. 348-11)

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Area of sign: The area within a continuous perimeter enclosing the limits of writing, representation, emblem, figure, or character together with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such writing, representation, emblem, figure, or character from the background against which it is placed. For double-faced signs, only the largest display face shall be measured in computing the sign area, or only one face shall be measured in computing sign area if the display faces are the same size. The display of street address on a ground sign, wall, or window shall not be computed in determining the maximum allowable area of a ground, wall, or window sign. Awning: An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable. Awning sign: An awning that contains letters, numbers, symbols, pictures, logos, or visual display, or other communication, attached, painted on, or made an integral part of an awning. For purposes of this Article, “awning signs” shall be considered “wall signs.” Banner: A sign with or without characters, letters, illustrations, or ornamentation applied to cloth, paper, plastic, or natural or synthetic fabric of any kind with only such material for a backing. For purposes of this Article, a “banner” is a “sign.” Building marker: Any sign cut into a masonry surface or made of bronze or other permanent material. Canopy, attached: A multi-sided structure or architectural projection supported by attachment to a building on one or more sides and also supported by columns at additional points. Signs placed on attached canopies are considered “wall signs” for the purposes of this Article. Canopy, freestanding: A multi-sided structure or architectural projection supported by columns. Signs placed on freestanding canopies are considered “wall signs” for the purposes of this Article.

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Canopy sign: A sign on a canopy. For purposes of this Article, a sign on a canopy is a “wall sign” (see figure, “Types of Attached Signs”). Derelict sign: A sign that is dilapidated or in such condition as to create a hazard or nuisance, or to be unsafe or fail to comply with the Building or Electrical Codes applicable in the jurisdiction.

Directory sign for multi-tenant development: A sign, distinguished from a project entrance sign, which is allowed on a premise with more than one tenant or occupants of a building. It may be freestanding or a building (wall) sign. Such signs are not usually visible from the public street right-of-way of a development which provides initial access to the property, but rather are located within the development, along a driveway, access way, or parking aisle.

Dissolve: A mode of message transition on an electronic multiple message sign accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the subsequent message. (Ord. 348-11) Double-faced sign: A sign which has two (2) display areas against each other or where the interior angle formed by the display areas is sixty (60) degrees or less, where one face is designed to be seen from one direction and the other face from another direction. Only one face shall be used in computing allowable sign area. Erect: To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or the normal maintenance or repair of a sign structure. Fade: A mode of message transition on an electronic multiple message sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. (Ord. 348-11)

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Flag: A sign with or without characters, letters, illustrations, or ornamentation applied to cloth, paper, plastic, or natural or synthetic fabric of any kind with only such material for a backing. For purposes of this Article, except as otherwise provided herein, a “flag” is a “sign.” Frontage, building: The width in linear feet of the front exterior wall of a particular building in which an establishment is located. Frontage, road: The distance in linear feet of each lot where it abuts the right-of-way of any public street. Ground sign: A permanently affixed sign which is wholly independent of a building for support (i.e., freestanding). A ground sign may consist of more than one sign panel, provided all such sign panels are attached to or integrated into one sign structure. All ground signs shall be designed in accordance with requirements of “Monument Signs” (see graphic below). Height of sign: The distance in vertical feet from the ground to the highest point of the sign, whether that highest point is the frame of the sign face or panel or the support of the sign. Highway sign: A sign within 60 feet of Interstate 985 right-of-way, oriented to and intended to be viewed by travelers on Interstate 985. Highway signs may be designed with a singular pole support. (Ord. 348-11) Holiday decorations: Displays erected on a seasonal basis in observance of religious, national, or state holidays, which are not intended to be permanent. Inflatable sign: Any sign that is or can be filled with three (3) cubic feet or more of air or gas.

Internally illuminated sign: A sign illuminated by an internal light source which is viewed through a translucent panel. Marquee sign: A sign painted on, attached to, or hung from a marquee. For purposes of this Article, marquee signs shall be considered “wall signs.” Master sign plan: A plan establishing parameters for the size, location, design, and color of signs on a property which contains multiple uses, buildings, or tenants but which is constructed or managed as a single development; or such a plan established as an alternative means of compliance to the provisions of this Article.

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Monument sign: A sign attached to a permanent foundation or decorative base that is self-supported. where the structural part of the sign below the sign face encompasses an area at least forty (40) percent of the area of the sign face but no more than 1.5 times the area of the sign face, and which is composed of brick, stone, or other material approved by the Zoning Administrator.

Monument-Style Sign Multiple message sign: A sign, display, or device which changes the message or copy on the sign. Such a change of message or copy can be accomplished electronically, or by movement or rotation of panels or slats, or by changing the copy by manual means. (Ord. 348-11) Multiple message sign, electronic: Any “sign,” as defined in this Article, which results in the illuminated display of messages or information by the use of a matrix of electric lamps (e.g., digital, LED (light emitting diode) or similar or refined display technology), or other electric methods, which allows the message change to be actuated by an electronic control mechanism. It is characteristic of such signs that the sequence of messages and the rate of change can be electronically programmed and can be modified by electronic processes. Electronic multiple message signs are also “internally illuminated signs. (Ord. 348-11) Nit: A standard unit of luminance; a measurement of direct light (i.e., looking directly at the light source), used to describe displays. A “nit” is an amount of emanating light equal to one candela per square meter (cd/m2). (Ord. 348-11)

Nonconforming sign: Any sign which lawfully existed on the effective date of this aArticle but which does not conform to the provisions of this Article, or which does not comply with this Article due to amendments to this Article since the date of erection of the sign. Pennant: A small, triangular or rectangular flag or multiples thereof, made of lightweight plastic, fabric, or other material, individually supported or attached to each other by means of a string, rope, or other material and meant to be stretched across or fastened to buildings, or between poles and/or structures, and which is designed to move in the wind. For purposes of this Article, pennants are “signs.” Portable sign: Any sign whether on its own trailer, wheels, or otherwise, which is designed to be transported from one place to another. It is characteristic of a portable sign that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols (i.e., a changeable copy sign). Even if the wheels or supports of such sign are removed and the sign converted and attached, temporarily or permanently, to the ground or other structure, said sign shall remain a portable sign. In addition, the following shall be deemed a portable sign:

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1. An umbrella used for advertising.

2. A sign mounted or painted upon a parked vehicle that is positioned for the primary purpose of acting as a sign exposed to the public and is not in use in the ordinary course of carrying out its transportation function.

3. Any sign mounted or painted upon a vehicle that projects or extends beyond the original

manufactured body proper of the vehicle, except that a vehicle may have one sign not exceeding two (2) feet in width and not exceeding one (1) foot in height mounted temporarily or permanently on the roof of a vehicle.

2. A sign mounted or painted on a junk vehicle as defined by the Zoning Ordinance of Flowery Branch

3. A sidewalk sign: A movable sign not secured or attached to the ground or surface upon which it is located.

4. Portico: A porch or walkway, open to the outside air, that is covered by a roof supported by columns or pillars, typically leading to the entrance of a building. Signs attached to porticos are considered “wall signs” for purposes of this Article. Principal use sign: Any notice or advertisement, which is permitted in conjunction with (but not necessarily containing copy specifically related to) a principal use or principal building located on the property, and which may display a noncommercial, commercial, or other message, the content of which is not regulated by this Article. Project entrance sign: A sign located at a discernible entrance into a particular subdivision, multi-family residential development, or office or industrial park. Projecting sign: A sign projecting more than fourteen (14) inches from the outside wall or walls of any building, or canopy, portico, or awning, upon which it is located (see also figure, “Types of Attached Signs”). Roof sign: A sign projecting higher than the front building wall or any sign supported by or attached to said roof. Sidewalk sign: A movable sign not secured or attached to the ground or surface upon which it is located.

Source: United States Sign Council. 2001. Guideline Code for Regulation of On-Premise Signs.

Formatted: List Paragraph, No bullets or numbering


Formatted: Normal

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Sign: A lettered, numbered, symbolic, pictorial, illuminated, or colored visual display, device, or communication designed or used for the purpose of identifying, announcing, directing, informing, or bring to the attention of others the subject thereon, that is visible from the public right-of-way, a driveway or parking lot with access to a public right-of-way, or from an adjacent property, except as specifically noted otherwise in this Article. For purposes of this Article, the term “sign” includes but is not limited to “banners,” “balloons,” “flags,” “pennants,” “streamers,” “windblown devices,” and “advertising devices.” Furthermore, the term “sign” includes the sign structure, supports, lighting system, and any attachments, ornaments, or other features used to draw the attention of the observers. Signable area: In the case of a wall sign, signable area shall be the building face on which the sign is proposed, excluding windows and doors. In the case of marquees or canopies, signable area shall be the area of the marquee or canopy wall on which the sign is proposed. For window signs, signable area shall be measured and calculated on the basis of the proportion of area within each individual window frame, not the total window area of all building windows visible from a street. Sign face: That part of a sign that is or can be used for advertising purposes. Streamers: See “Pennants.” Swinging sign: A sign other than an animated sign as defined by this Article, where the sign copy area is attached to a sign structure in a way that can be set in motion with pressure, and where the sign structure is attached to a building at a height above normal eye level. This term does not include any freestanding signs. A swinging sign may be considered in lieu of permitted wall signage. Temporary sign: A sign of a nonpermanent nature and erected for a limited duration. Transition: A visual effect used on an electronic multiple message sign to change one message to another. (Ord. 348-11) Visible: Capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. Wall sign: A single-sided sign with one visible face applied to or mounted to the wall or surface of a building or structure, the display surface of which if attached to a wall or portico and does not project more than fourteen (14) inches from the outside wall of such building or structure, or if on an awning or canopy, is flush with the material of said awning or canopy (see also figure, “Types of Attached Signs”). Windblown or air-blown device: Any device not otherwise specifically defined in this Article, that is designed to inform or attract, whether or not such device carries a message, and which all or part of the device is set in motion by wind or mechanically compressed air. For purposes of this Article, windblown devices are “signs.” Window sign: A sign installed on or within two (2) feet of an exterior window or door and intended to be visible from the exterior of the building. Displays which show products or depict services sold on the premises and which are more than two (2) feet from an exterior window or door shall not be classified as window signs (see also figure, “Types of Attached Signs”).

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Sec. 24.4. Applicability. No sign shall be erected, placed, established, painted, created, or maintained, except in conformance with this Article. Sec. 24.5. Nonconforming Signs. A sign that lawfully existed on the effective date of this zoning ordinance may continue to be used, except that the nonconforming sign:

(a) Shall not be repaired, rebuilt, replaced or altered after damage exceeding 50 percent of its replacement cost at the time of damage.

(b) Shall not be enlarged or altered in a way that increases its nonconformity or value,

including additional lighting. (Ord. 348-11)

(c) A nonconforming sign that is a multiple message sign but the messages are

changeable only by manual means may continue to have its copy changed, and change copy, by any manual means. A nonconforming sign that is a multiple message sign but the messages are changeable by means of the movement or rotation of panels or slats may continue to have its copy changed, and change copy, by any such same means. A non-conforming sign that does not meet the definition of a “multiple message sign, electronic” as defined in this Article at the time it was nonconforming shall not be changed, modified, or retrofitted in any way so as to become a “multiple message sign, electronic.” (Ord. 348-11)

(d) This Section shall not apply to any sign which according to the application of state or

federal law or rule is allowed to remain or to be rebuilt or reconstructed, unless just compensation is paid.

Sec. 24.6. Sign Limitations When Nonconforming Sign Exists. No sign or advertising device shall be erected for the same establishment on the same lot with an existing nonconforming sign until the nonconforming sign has been removed or made to conform to the provisions of this Article. Sec. 24.7. Exempt Signs. The following types of signs are specifically exempted from compliance with this Article.

(a) Flags, as many as four per lot, when designed and displayed in a way that allows for routine, daily raising and lowering of the flags, not exceeding forty (40) square feet. Poles for such flags shall not exceed twenty-five (25) feet in height. This provision does not permit or allow for the placement of small flags attached to vehicles, light poles, or other means other than that specifically described in this paragraph.

(b) Street address identifiers and building identification numbers on multi-tenant

buildings which are essential to the location of such buildings.

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(c) Signs not oriented or intended to be legible from a public right-of-way, private road or

driveway, or other private property. Signs or stickers which are designed to be read only from close range (i.e., five feet), attached to a device or structure more than twenty-five (25) feet from the right-of-way of a road, not to exceed one (1) square feet each sign or sticker. Examples include but are not limited to the following: lettering, credit card stickers, and inspection certificates on gasoline pumps; “flammable” signs on enclosures for fuel canisters, and similar information.

(d) Display boards located next to drive-through lanes, not exceeding six (6) feet in

height or thirty-six (36) square feet in area.

(e) Signs erected more than two (2) feet inside a building.

(f) Building markers and integral decorative or architectural features.

(g) Traffic safety and traffic directional signs, installed within the right-of-way of a public street under the authority of the government with jurisdiction.

(h) Traffic safety and traffic directional signs (including direction of travel, speed limits,

etc.) along private streets and driveways, and in off-street parking lots that are installed per the requirements of this ordinance and/or the Zoning Administrator and which do not exceed four (4) square feet each.

(i) Directory signs for multi-tenant developments, as defined by this Article, which do not

exceed four (4) square feet each nor six (6) feet in height.

(j) Public notice signs and signs of a public interest, erected by or on the order of a public officer in the performance of his duty.

(k) Holiday lights and decorations.

(l) Handicapped parking signs, when required per local, state or federal law.

In any case where a sign of a certain size is exempted by this Section, and an applicant desires to erect a larger size sign than the area of sign exempted but said sign is not allowed, said sign shall only be permitted only upon approval of a variance in accordance with the provisions of this Article. Sec. 24.8. Prohibited Signs. The following signs and devices shall be prohibited:

(a) Animated signs, but not including multiple-message signs and multiple-message signs, electronic, as defined. (Ord. 348-11)

(b) Derelict signs.

(c) Inflatable signs, except as may be permitted in association with a temporary event

approved by the Zoning Administrator.

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(d) Pennants, streamers, and wind-blown or air-blown devices.

(e) Portable signs.

(f) Roof signs.

(g) Signs painted on or attached to a utility pole, or painted on or attached to tree, rock or other natural feature.

(h) Signs lit with neon, including neon lighting outlining of windows, doors, or other parts

of a building or structure, but excluding incidental signs internal to an establishment and not visible at a distance of more than two feet outside the establishment.

(i) Signs attached to freestanding walls (including retaining walls) or fences or poles.

(j) Any flag for which there is no symbol, emblem, text, number, or copy whatsoever on

the flag (i.e., colored flags with no message).

(k) Any sign erected or maintained where, by reason of its position, wording, illumination, size, shape or color, it may obstruct the view of oncoming vehicles or impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal, or device. No sign shall contain or be an imitation of an official governmental traffic control sign, signal, or emergency vehicle device.

(l) Any sign erected, located, or maintained in such a manner as to interfere with safe

and free ingress and egress of any door, emergency exit, driveway, street, or roadway.

(m) Any sign that interferes with utilities such as water mains and hydrants, sanitary

sewerage, gas, electricity, and communications equipment or lines, or that interfere with natural or manmade storm water drainage facilities.

(n) Strings of lighted bulbs, except as part of holiday decorations.

Sec. 24.9. Uniform Sign Plans Required. A uniform sign plan is required for any multi-tenant nonresidential development containing three or more buildings before any building signs or freestanding signs for the development or the development’s tenants may be erected on the property. The purpose of a uniform sign plan is to ensure that individual establishments within a multi-tenant nonresidential development are coordinated with regard to design features, such as color, font, design of sign face, sign face module, sign structure, etc.. Sec. 24.10. [Reserved] Sec. 24.11. Specifications for Uniform Sign Plans. Uniform sign plans, when required or when proposed for purposes of modifying the requirements of this Article, shall at minimum consist of the following:

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(a) Drawings and specifications as may be required to clearly illustrate the location, materials, size, letter style, and color of all signs to be placed as freestanding and building signs within the development.

(b) Design standards such that signs of a similar type and function within the

development shall have a consistency of size, lettering style, color scheme, and construction materials so as to present a unified design concept while respecting the differences between tenant types and occupancies.

Following approval by the Zoning AdministratorCity, the requirements of the uniform sign plan shall be referenced in documents involving the sale, lease, or other transfer of right of occupancy affecting any part of the development. Upon such approval, said uniform sign plan shall be binding on the owner, and any lessees, subtenants, purchasers, or other occupants, until or unless the uniform sign plan is replaced with another approved uniform sign plan. Sec. 24.12. Permits and Conformance to Codes.

(a) Any freestanding or building sign that requires a building permit according to the Building Code applicable in the jurisdiction shall be obtained prior to installation or placement of any such freestanding or building sign. Complete permit applications shall be processed within thirty (30) working days.

(b) All signs for which a building permit is required shall be constructed and maintained

in conformance with all applicable Building Code requirements. All electrical service to a sign shall be in compliance with the applicable Electrical Code., and an electrical permit if required shall be obtained.

(c) If plans are required for issuance of a building permit for a sign, the plans shall be

certified as to conformance with all structural and wind-load resistive standards of the applicable Building Code by a structural engineer registered in the State of Georgia, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the applicable Building Code.

Sec. 24.13. Certificate of Appropriateness. Signs are external environmental features that can detract from historic character if not considered in the proper context. Signs located in a designated historic district or otherwise subject to the jurisdiction of the Historic Preservation Commission shall require a Certificate of Appropriateness to be issued by the Historic Preservation Commission. In approving signs, the Historic Preservation Commission may rely on design guidelines approved by the Governing BodyCity Council or the Historic Preservation Commission. Sec. 24.14. Design Review. In cases where a Certificate of Appropriateness is not required, principal ground signs shall not require design review and approval by the Zoning Administrator, even if design review and approval is required by this zoning ordinance for the development on which such sign is to be placed. Sec. 24.15. Sign Maintenance.

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All signs, together with all their supports, braces, guys, and anchors shall be kept in good repair and condition. Sec. 24.16. Situations Where Maintenance is Required. Upon discovery of a sign in need of maintenance, the Zoning AdministratorCity shall give written notice to the owner of the sign or the owner of the property on which the sign is located if the owner of the sign itself cannot be determined. Said notice shall state the item or items requiring repair or maintenance. The owner shall have thirty (30) days in which to repair or maintain the sign before a citation is issued. If the owner has failed to make repairs or the necessary maintenance within that time, the Zoning Administrator shallCity initiate enforcement proceedings as required to cure violation of this Article. Situations constituting the need for maintenance include but are not limited to the following (other similar conditions of disrepair or lack of maintenance may be determined):

(a) Lettering or other elements of the sign have become detached or have fallen off the sign or become misaligned.

(b) Painted surfaces on the sign or sign structure have begun to peel, flake over a

significant portion of the sign, or have faded or oxidized to an extent that the sign no longer displays the message as originally intended.

(c) A significant number of the bricks, stones, or other materials on the structural base of

a sign have become detached or have fallen off, or have become misaligned. Sec. 24.17. Removal of Certain Signs.

(a) Unlawful signs. If any sign is installed, erected, or constructed in violation of this

Article, the owner or person or firm maintaining the sign shall, upon notice either written or verbal notification from the Zoning Administrator, removeCity shall remove prohibited signs immediately. If the sign will require additional time to remove, because of its structure or size, then a reasonable time frame will be given by the Zoning AdministratorCity in which the signage is to be removed. Any such sign not removed or properly altered within the time period allotted from the notice, may then be removed by the City and all costs charged to the owner, agent, or person having beneficial interest of the building or premises upon which such sign was located, or in the sign itself.

(b) Derelict signs. Should any sign become insecure or in danger of falling or otherwise

unsafe in the opinion of the Zoning AdministratorCity, the owner or person or firm maintaining the sign shall, upon written notice from said enforcement officer, forthwith in the case of immediate danger and in any case within ten (10) days, remove such sign or secure it in a manner approved by the Zoning AdministratorCity. Any such sign not removed or secured within ten (10) days from the written notice may be removed by the City and all costs charged to the owner, agent, or person having beneficial interest of the building or premises upon which such sign was located, or in the sign itself.

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(c) Signs of a temporary or quasi-temporary nature. Pennants, streamers, banners, wind-blown devices, and temporary signs that do not conform to the provisions of this Article upon its adoption or amendment shall be removed within five (5) daysimmediately.

(d) Change or removal of discontinued signs. When a property owner has a lawful and

conforming freestanding or building sign that no longer is used by a business or establishment, and the owner desires to retain said sign, this section shall apply in order to retain said freestanding sign as a lawful sign. If the discontinued freestanding sign or building sign contains a sign face that is in the form of a removable sign face module, the removable sign face module containing advertising shall be removed and replaced with a panel of like or similar appearance without advertising until another use is lawfully established. If a discontinued freestanding sign or building sign contains a sign copy area that is not removable, then the said sign shall be removed or the copy area shall be painted over or otherwise modified as approved by the Zoning Administrator to conceal the advertising.

Sec. 24.18. Height of Ground Signs. The maximum height of any ground (freestanding) sign regulated by this Article, except as otherwise specifically provided in this Ordinance, as measured from road grade, shall be as follows:

(a) One Hundred (100) feet, within 660 feet of the right-of-way of Interstate 985, for highway signs only, on properties zoned HB (Highway Business), M-1 (Light Industrial), and M-2 (Heavy Manufacturing and Industrial) only. (Ord. 348-11; Ord. 348-13)

(b) Fifteen (15) feet for signs on properties in HB (Highway Business), M-1 (Light

Industrial), and M-2 (Heavy Manufacturing and Industrial) zoning districts; provided, however, that for properties with a land area of 35 acres or more and fronting on an interchange of Interstate 985 shall be permitted to have up to two ground signs (where permitted) not to exceed Thirty (30) feet in height. (Ord. 348-11; Ord. 348-13)

(c) Ten (10) feet in NS (Neighborhood Shopping) and CBD (Central Business District)

zoning districts. (Ord. 348-11; Ord. 348-13)

(d) Ten (10) feet for signs zoned in the O-P (Office-Professional), INST (Institutional), TND (Traditional Neighborhood Development), and R-3 (Residential Multi-Family) zoning districts. (Ord. 348-11; Ord. 348-13)

(e) Six (6) feet maximum height for signs on properties in A (Agricultural), R-1

(Residential Low-Density), and R-2 (Residential Moderate-Density) zoning districts. This provision shall not apply to subdivision identification monuments, which shall not exceed eight (8) feet in height. (Ord. 348-13)

Sec. 24.19. Increase in Height of Ground Signs. The maximum height established by this Article shall apply to any sign, except that where a ground sign is proposed on property or portion thereof situated below road grade, if the maximum height permitted would prevent adequate visibility as determined by the Zoning

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Administrator, the height of a ground sign may be increase by up to six (6) feet higher than the maximum height established in this Article; provided however, that this provision shall not apply to highway signs, as defined. Sec. 24.20. Height of Wall Signs. No wall sign shall exceed the height of the building or structure on which it is placed. Sec. 24.21. Sign Setback. There shall be minimum required setback for ground signs of two (2) feet., except that temporary signs shall be erected no closer than ten (10) feet from a county, state, or federal road right-of-way. Sec. 24.22. Types of Signs Permitted. In addition to the general provisions regulating signs established in this Article, sign permissions shall be based on the types of sign permitted, and the zoning district according to Table 24.1 and 24.2 of this Article. When the land use is mixed or not clearly evident to the administrative officer, the property in question shall be granted privileges for the commercial zoning district in which it is located or zoning district most closely associated with the most intense use of the property. the Zoning Administrator shall make the final determination. Sec. 24.23. Number of Signs Limited.

(a) Unless specifically provided otherwise in Tables 24.1 and 24.2 of this Article, a property shall be limited to only one (1) sign of the type permitted.

(b) No sign shall be erected to exceed the maximum number of signs as specified in

Tables 24.1 and 24.2, as applicable. Sec. 24.24. Area of Signs Limited. No sign shall exceed the maximum area of the sign as specified for the type of sign in Tables 24.1 and 24.2 of this Article.

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Table 24.1

Sign Area Permitted bBy Sign Type by for Residential Zoning Districts (Numbers are Square Feet)

Type of Sign (number permitted) A R-1 R-2 R-3 MHP TND

Ground sign (1 per road frontage) 6 6 6 6 6 6

Temporary ground sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction (1 per road frontage)

6 6 6 6 6 6

Temporary wall or window sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction

6 6 6 6 6 6

Project entrance ground sign (2 per entrance to subdivision), federal or state highway

32 32 32 32 32 32

Project entrance ground sign (2 per entrance to subdivision), all other routes

16 16 16 16 16 16

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Table 24.2

Sign Area Permitted yBy Sign Type by for Nonresidential Zoning Districts (Numbers are Square Feet)

Type of Sign (number permitted) O-P and INST

Zoning Districts

NS and CBD Zoning

Districts

HB, M-1 and M-2 Zoning

Districts (Ord. 348-13)

Ground sign, lot containing a single non-residential use (1 per road frontage on interstate highway)

48 72 96

Ground sign, lot containing a single non-residential use (1 per road frontage on all other routes)

24 24 48

Multi-tenant ground sign, lot containing multiple non-residential or permitted principal uses only (1 per frontage on interstate highway)

96 96 135

Multi-tenant ground sign, lot containing multiple non-residential or permitted principal uses only (1 per frontage on all other routes)

48 48 96

Wall sign, on building containing a single non-residential permitted principal use (1 per road, interstate highway or driveway frontage)

20% of signable area



Wall sign, on building containing multiple tenants (non-residential permitted principal use)


of leased building frontage





Wall sign, Secondary, allowed for a non-residential building space 16,000 square feet or more, on the principal building frontage only (2 per principal building frontage)

35 (all secondary

wall signs)

35 (all secondary

wall signs)

35 (all secondary

wall signs)

Wall sign on freestanding canopy (1 per canopy wall)




Temporary ground sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction (1 per road frontage on interstate highway)

24 32 9632

Temporary ground sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction (1 per road frontage on all other routes)

16 24 32

Temporary special event signage See Sec. 24.26 for

requirements

See Sec. 24.26 for

requirements

See Sec. 24.26 for

requirements

Window signage 25% of window area

25% of window area

25% of window area

Highway sign (1 per each 1,000 linear feet of frontage on I-985, spaced no closer than 660 feet of another highway sign)

X X 672

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(Ord. 348-11; Ord. 348-13)

Sec. 24.25. Illumination.

(a) Signs in single-family residential zoning districts shall not be illuminated.; except that an approved nonresidential use in a residential district if a sign is permitted may be illuminated but not internally illuminated.

(b) Externally illuminated signs shall be lighted by a white, steady stationary light of

reasonable intensity shielded and directed solely at the sign, so as not to cause glare or spill light into the road right-of-way or up into the sky.

(c) Neon tubing shall not be physically connected to any sign, and neon light outlining of

windows, doors, buildings or other use of neon shall not be permitted.permitted. Sec. 24.26. Temporary Special Event Signage. (Ord. 348-11) Temporary signs and advertising devices may be permitted on commercial, industrial and institutional properties subject to the issuance of a special event sign permit by the Zoning Administrator. Such temporary signs and advertising devices shall conform to the following:

(a) Only four temporary special event sign permits shall be issued to any one business or institution in any calendar year.

(b) Permit shall be valid for a maximum of thirty (30) days.

(c) One banner shall be permitted per business, which shall not exceed thirty-two (32)

square feet in size or fifteen (15) feet in height. Such banner may be temporarily placed on the subject property or attached to a building wall. In addition to a banner, two temporary ground signs for each roadway frontage not exceeding four square feet each shall be permitted per lot. For lots with buildings containing multi tenants and where businesses have applied for simultaneous special event signs, no more than three temporary ground signs may be permitted per roadway frontage at any one time.

(d) In lieu of a banner or temporary ground signs referenced in note (c) above, one gas

or air-filled advertising device may be permitted per lot, not to exceed a height of fifteen (15) feet.

(e)(d) Pennants, streamers, and other wind-blown devices shall not be permitted as part of

a temporary special event sign permit. Sec. 24.27. Signs on Corner and Double-Frontage Lots.

(a) Wall signs. With regard to wall sign allowances, if a building, structure, or freestanding canopy faces more than one road frontage, each wall facing a road frontage shall be permitted to have the sign area specified for such building, structure, or freestanding canopy in this Article.

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(b) Ground signs. With regard to ground sign allowances, if a property faces more than one road frontage, each road frontage shall be permitted to have the number of signs and sign area specified for such property in this Article.

(c) Transfer of allowances between road frontages. The sign area allotted to one road

frontage or building frontage shall not be transferred to another road frontage or building frontage.

(d) More than two frontages. If a property has more than two road frontages and/or

building faces, it shall be permitted ground and wall signage on only two of the property frontages or building faces, respectively.

Sec. 24.28. Signs in PUD Zoning District. For signs in the PUD zoning district, each development shall conform to the sign regulations established as part of the zoning approval for the development. If no such regulations exist, each portion of a development existing on the effective date of this zoning ordinance shall not exceed the sign permissions of this Article for the zoning district most comparable to that portion of the development, as determined by the Zoning Administrator. Any sign which has not been previously approved as part of the zoning approval for the development or subsequently permitted and erected shall require submission and approval of a uniform sign plan as specified in this Article. Sec. 24.29. Variances.

(a) Application. A request for a variance to the provisions of this Article may be initiated by a property owner or his authorized agent by filing an application with the Zoning Administrator.

(b) Application Requirements. The application shall be accompanied by an elevation

drawing and/or plot plan, drawn to scale, showing the dimensions and arrangement of the proposed sign. The Zoning Administrator may require other information about the variance requested and its relationship to the surrounding properties. Variance applications shall be accompanied by a fee as established by the Governing Body by resolution from time to time.

(c) Procedure. Upon the filing of any complete application for a variance, a public

hearing shall be scheduled and held by the Governing Body on the proposed vari-ance. The Governing Body’sCity Council’s meeting shall be a public hearing and the Governing Body shall hold a public hearing on any variance application. Public notice of the variance application shall be published in a newspaper of general circulation in the local jurisdiction at least fifteen (15) days prior to the first scheduled public hearing of the Governing Body.City Council Such notice shall state the purpose, location, time and date of the public hearing, and the nature of said application.

(d) Authority. The Governing BodyCity Council shall have authority to grant variances to

this Article, upon application by a property owner and after receiving comment and recommendations by the Zoning Administrator and after holding a public hearing.

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(e) Notification Following Decision. The Governing BodyCity Council shall render a decision in writing within thirty-two (32) days after the initial public hearing on the proposed variance. The Zoning Administrator shall notify the applicant, in writing, of the Governing Body’sCouncil’s decision within five (5) days after it has rendered its decision.

Sec. 24.30. Criteria for Acting Upon Sign Variances. In acting upon variances, the Zoning Administrator shall submit written findings and the Governing BodyCity Council shall consider the following criteria and the extent to which they support or fail to support the sign variance application:

(a) Whether there are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result of the owner’s or occupant’s own actions. Such conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot.

(b) As a result of such unusual circumstance or conditions, there is an unnecessary

hardship or practical difficulty that renders it difficult to carry out the provisions of this Article.

(c) The authorization of such variance will not be materially detrimental to the public

welfare or injurious to property in the vicinity or district in which property is located, and the variance will be in harmony with the general purposes and intent of the provisions of this zoning ordinance.

(d) The variance approved is the minimum variance that will make possible the legal use

of the sign. Sec. 24.31. Regulations for Signs in Historic Districts. Notwithstanding regulations of this Article to the contrary, signs within the Historic District shall require conformance to the City of Flowery Branch Historic District Sign Ordinance (Ordinance No. 441), as may be amended from time to time. (Ord. 348-11) Sec. 24.32. State Regulation of Signs. Where state sign law (see O.C.G.A. 32-6) and/or regulations apply, and there is conflict or overlap with this ordinance, the more restrictive requirements shall govern. Sec. 24.33. Changeable Electronic Multiple Message Signs.

(a) Definition. For purposes of this Section, “electronic multiple message sign” shall

mean any sign, as defined in Sec. 24.2 of this Article other than a public variable message sign, which is erected by a city, county, or state government for traffic communications purposes which results in the illuminated display of messages or information by the use of a matrix of electric lamps (e.g., digital, LED (light emitting diode) or similar or refined display technology), movable discs, movable panels, light apertures, or other methods, which allows the message change to be actuated by a

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control mechanism rather than manually changing the message; and which changes the message more often than twice daily. It is characteristic of such signs that the sequence of messages and the rate of change can be electronically programmed and can be modified by electronic processes.

(b) Purposes. This Section establishes requirements associated with the changeable

electronic multiple message signs, including but not limited to the duration of message, transition time, light intensity, malfunction, and permitting, to ensure reasonable and safe standards are met to protect the motoring public.

(c) Zoning Districts Permitted. Such signs shall only be permitted in HB (Highway

Business), M-1 (Light Manufacturing and Industrial), and M-2 (Heavy) Manufacturing and Industrial) zoning districts. (Ord. 348-13)

(d) Area and Height. No such sign shall exceed the area or height specified for the type

of sign for which it is defined and permitted under the terms of this Article.

(e) Separation. For Highway Signs and any other sign regulated by the Georgia Department of Transportation, no such sign shall be located within 5,000 feet of another changeable electronic multiple message sign on the same side of the highway and no such sign shall be within a 2,600 foot radius of another changeable electronic multiple message sign. For all other signs, no such sign shall be located within a 1,000 foot radius of another changeable electronic multiple message sign. (Ord. 348-12)

(f) Nature of the Display. Nothing in this Section shall be construed to permit or

authorize the flashing or variation of light intensity of an individual message; such flashing or variation constitutes an “animated sign” as defined in Sec. 24.2 and prohibited by Sec. 24.8 of this Article.

(g) Duration of Message. Each multiple message shall remain fixed for at least 10

seconds. (Ord. 348-12)

(h) Transition Time. When a message is changed, it shall be accomplished in less than one-tenth (1/10th) of a second and shall not use fading, swiping, or other animated transition methods.

(i) Illumination and Brightness. No electronic multiple message signs may be of such

intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver’s operation of a motor vehicle. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. The maximum illumination, intensity, or brightness of electronic signs shall not exceed 5,000 nits (candelas per square meter) during daylight hours, or 500 nits (candelas per square meter) between dusk to dawn. The sign must have an automatic phased proportional dimmer control, photocell or other light sensing device, or a scheduled dimming timer, or another approved device, which produces a distinct illumination change that reduces nighttime brightness levels (compared to daytime brightness levels). The applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set or can be programmed not to exceed the levels specified in this subsection; end-user manipulation of pre-set levels or to exceed those

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specifications herein shall not be permitted. Unless another industry standard is accepted, the measurement for purposes of this paragraph shall be at any point ten (10) feet from the surface of the electronic multiple message sign. (Ord. 348-11)

(j) Freeze of Display When Malfunction Occurs. Such signs shall include a default designed to freeze a display in one still position if a malfunction occurs.

(k) Sequencing of Messages Prohibited. Using two or more successive screens to

convey a message that will fit on one (1) screen shall be prohibited.

(l) Permit Requirements. In addition to those permit requirements established in Section 24.12 of this Article relative to permits for signs generally, the Zoning Administrator is authorized to impose additional permit requirements specific to changeable electronic multiple message signs and applications therefor, including but not limited to the following:

1. Description or graphic depiction of the type of internal illumination technology;

and 2. A drawing or schematic prepared by an illumination engineer showing the

amount of light designed to emanate from the proposed sign at the highway or public road to which the sign is directed, and at any highway or public road to which the proposed sign is visible. Said drawing or schematic shall show either is of foot-candles, (i.e., connecting points of equal light illumination levels, similar to a topographic contour), nits or a photometric grid with individual spot readings (Ord. 348-13); and

3. A statement certified by an engineer, acceptable to the Building Inspector,

demonstrating that the weight of the sign upon installation has sufficient footing and other characteristics sufficient to ensure the sign will be safely secured and able to withstand wind resistance as may be customary for similar structures according to the applicable Building Code; and

4. Other information as may be reasonably required by the Zoning Administrator to

ensure compliance with the purpose and regulations of this Section, Article 24 of this Zoning Ordinance, and the purposes and intentions of this Zoning Ordinance generally.

These permit requirements shall be submitted on application forms prepared by the Zoning Administrator. These permit requirements are applicable to both the construction of a new changeable electronic multiple message sign and the re-facing of an existing sign with a changeable electronic multiple message sign.

24.34 HISTORIC DISTRICT SIGN ORDINANCE ARTICLE 1 GENERAL PROVISIONS Sec. 1.1. Title. Sec. 1.2. Purpose and Intent. Sec. 1.3. Applicability.

Commented [RA1]: Check sign permit applications; update fees

Formatted: Font: Bold

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Sec. 1.4. General Provisions. Sec. 1.5. Definitions, Interpretations, and Conflicts Sec. 1.6. Relationship to Zoning and Other Ordinances. Sec. 1.7. Content of Signs Not Regulated. ARTICLE 2 DESIGN REQUIREMENTS Sec. 2.1. Proportionality. Sec. 2.2. Sign Materials. Sec. 2.3. Professional Fabrication. Sec. 2.4. Shape. Sec. 2.5. Illumination of Signs. ARTICLE 3 TYPES OF SIGNS PERMITTED; REQUIREMENTS Sec. 3.1. Generally. Sec. 3.2. Wall Signs. Sec. 3.3. Canopy and Awning Signs. Sec. 3.4. Window Signs. Sec. 3.5. Projecting Signs. Sec. 3.6. Door Signs. Sec. 3.7. Display Boards. Sec. 3.8. Permanent Principal Use Ground Signs. Sec. 3.9. A-Frame Signs. Sec. 3.10. Historic Markers. Sec. 3.11. Temporary Signs. Sec. 3.12. Special Event Signage. ARTICLE 4 REVIEW AND APPROVAL PROCEDURES Sec. 4.1. Applications Involving Buildings with Multiple Tenants or Uses. Sec. 4.2. Buildings with More than One Building Frontage or Façade. Sec. 4.3. Criteria for Certificates of Appropriateness Generally. Sec. 4.4. Specific Criteria for Signs. Sec. 4.5. Signs Consistent with Uniform Sign Plans. ARTICLE 5 ADMINISTRATION AND ENFORCEMENT Sec. 5.1. Administration. Sec. 5.2. Appeals. Sec. 5.3. Variances. Sec. 5.4. Enforcement and Penalties. ARTICLE 6 LEGAL STATUS PROVISIONS Sec. 5.1. Repealer. Sec. 5.2. Severability. Sec. 5.3. Effective Date.

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ARTICLE 1 GENERAL PROVISIONS Sec. 1.1. Title. Sec. 1.2. Purpose and Intent. Sec. 1.3. Applicability. Sec. 1.4. General Provisions. Sec. 1.5. Definitions, Interpretations, and Conflicts. Sec. 1.6. Relationship to Zoning Ordinance Provisions for Signs. Sec. 1.7. Content of Signs Not Regulated. Sec. 1.1. Title. This ordinance shall be and is known and may be cited as the “Flowery Branch Historic District Sign Ordinance.” Sec. 1.2. Purpose and Intent. Signs play an important role in the attractiveness and appearance of Flowery Branch’s Historic District. The design, size, number, and placement of signs contribute to the overall environment of the building, street, and district. Because signs strongly influence the perception of the establishment, building, street view, and the historic district, there is a public interest in ensuring that signs are well designed and carefully placed and properly maintained in accordance with the overall desired character of the Flowery Branch Historic District. This ordinance supplements existing sign regulations of the Flowery Branch Zoning Ordinance (Ordinance No. 348 Article 24) with sign regulations specifically designed to ensure compatibility and pedestrian scale of all signage in the Flowery Branch Historic District. Sec. 1.3. Applicability. This ordinance shall apply within the Historic District in the City of Flowery Branch, as designated by ordinance (Ordinance No. 376) and as may be amended from time to time. If a particular property is added to the City of Flowery Branch Historic District, as established in Ordinance No. 376, said property shall automatically be subjected to the requirements of this ordinance. If a particular property is lawfully removed City of Flowery Branch Historic District, as established in Ordinance No. 376, said property shall no longer be required to comply with the requirements of this Ordinance. If the City of Flowery Branch designates a historic property by ordinance after the effective date of this ordinance, development within said property designated a historic landmark or historic property shall require compliance with the provisions of this ordinance. Sec. 1.4. General Provisions. No sign shall be permitted, erected, established, or allowed to be erected or established, within the area governed by this ordinance, unless it is in conformity with this ordinance. It shall be

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unlawful to erect any sign in the area governed by this ordinance unless a certificate of appropriateness is granted by the Historic Preservation Commission, except as may be authorized by the Zoning Administrator pursuant to authority of this Ordinance or the city’s Historic Preservation Ordinance (Ordinance No. 375) to issue certain sign permits, exemptions, and temporary sign permits without the approval of the Historic Preservation Commission. Sec. 1.5. Definitions, Interpretations, and Conflicts.

(a) Definitions. Definitions of the types of signs and sign-related definitions shall be as defined in Article 24, Sec. 24.3, of the Flowery Branch Zoning Ordinance. Definitions of terms related to historic preservation shall be as defined in the Flowery Branch Historic Preservation Ordinance (Ordinance No. 375). Definitions of terms related to historic preservation provided in the Georgia Historic Preservation Act, O.C.G.A. § 44-10-22 shall also apply in the administration of this ordinance and shall control in the event of a conflict in the interpretation of definitions applicable in the administration of this Ordinance.

(b) Interpretations of Terms Not Defined. If a particular word, term, or phrase is not

defined in the Flowery Branch Zoning Ordinance or other ordinance or state law referenced in this ordinance, and such term is not explicitly defined herein or implicit in the provisions of this Ordinance, the Zoning Administrator shall be authorized to interpret the meaning of the term in question using customary dictionary definitions or other appropriate means.

(c) Additional Interpretations. Where this ordinance uses the term “shall,” it shall be

considered mandatory to comply with a provision using that term. Where this ordinance uses the term “should,” it shall be considered a guideline (strongly recommended but discretionary as to whether the provision using that term is complied with). In cases where an applicant wants to establish a sign in a manner that is inconsistent with a guideline or other statement using the word “should,” it shall be the responsibility of an applicant to demonstrate why the guideline cannot be complied with. In this sense, guidelines can form the basis for decision-making under the terms of this ordinance and may be used to disapprove sign permit applications. Similarly, when the term “should” is used, the Historic Preservation and Zoning Administrator (whichever has jurisdiction over the determination) are authorized to waive the applicability of one or more guidelines or statements using the word “should.”

(d) Relationship to State Law. This ordinance shall not be construed as providing

authority for actions which are not specifically authorized by the Georgia Historic Preservation Act (O.C.G.A. § 44-10-20 et seq.).

(e) Remedy for Conflicts. In the event that this Ordinance conflicts with the provisions of the City’s Historic Preservation Ordinance (Ordinance No. 375), the provisions of this Ordinance shall control. In the event of any other conflicts between this Ordinance and other municipal ordinances, the provisions of this Ordinance shall control.

Sec. 1.6. Relationship to Zoning Ordinance Provisions for Signs.

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(a) Exempted signs. Signs that are exempted by Sec. 24.7 of the Flowery Branch Zoning Ordinance shall be similarly exempt from the requirements of this Ordinance, and no Certificate of Appropriateness shall be required for any such exempted signs.

(b) Prohibited Signs. Signs that are prohibited by Sec. 24.8 of the Flowery Branch

Zoning Ordinance shall be prohibited in the area subject to this Ordinance.

(c) Maintenance and Removal of Signs. Provisions regarding the maintenance and removal of signs as specified in Article 24 of the Flowery Branch Zoning Ordinance shall continue to apply to all signs that are regulated by this Ordinance.

(d) Nonconforming Signs. Sec. 24.5 and Sec. 24.6 of the City of Flowery Branch

zoning ordinance, regarding nonconforming signs, shall apply to signs that do not conform to the provisions of this Ordinance.

(e) Permitted Signs. The regulations specifying the types and numbers of signs, as

provided in Article 24 of the Flowery Branch Zoning Ordinance, shall be inapplicable and superseded by the provisions of this Ordinance.

(f) Dimensional Requirements. Height, setback, and area requirements for signs by

zoning district, as provided in Article 24 of the City of Flowery Branch Zoning Ordinance, shall be inapplicable and superseded by the provisions of this Ordinance.

(g) Special Event and Temporary Signage. Sec. 24.26 of the Flowery Branch Zoning

Ordinance shall continue to apply, and property owners in the Flowery Branch historic district may apply for permits for temporary signs and special events..

(h) Permits and Codes. Provisions that require a permit for signs, and the process of

considering sign permits, as provided in Sec. 24.12 of the City of Flowery Branch Zoning Ordinance, shall continue to apply.

Sec. 1.7. Content of Signs Not Regulated. The content of signs is not regulated by this ordinance, and the content of the message to be conveyed shall not be considered in making decisions pursuant to this ordinance.

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ARTICLE 2 DESIGN REQUIREMENTS Sec. 2.1. Proportionality. Sec. 2.2. Sign Materials. Sec. 2.3. Professional Fabrication. Sec. 2.4. Shape. Sec. 2.5. Illumination of Signs. Sec. 2.1. Proportionality. Signs shall be sized in proportion to the building. Notwithstanding the maximum areas allowed under the terms of this ordinance, an individual sign may be disapproved if it is found to be excessive or non-proportional in relation to the building on which it is placed or which it serves. Sec. 2.2. Sign Materials.

(a) Exposed surfaces of signs must be constructed of or appear to be constructed of metal, glass, stone, concrete, brick, or wood, or similar approved material. If synthetic materials are authorized, they shall have the same finished appearance as the materials specified here.

(b) Plastic substrate, plywood or unfinished wood are not appropriate materials for signs and shall not be permitted.

Sec. 2.3. Professional Fabrication. Unprofessionally fabricated signs shall not be approved. Hand painted or hand made signs may be submitted for approval but if they are deemed unprofessional in appearance they shall be rejected. Sec. 2.4. Shape. Signs should typically be square or rectangular; provided, however, this shall not prevent the Historic Preservation Commission from approving individual signs that may be circular or some other shape, or shaped like a particular object (e.g., a sign in the shape of a shoe for a shoe store). Sec. 2.5. Illumination of Signs.

(a) Internally illuminated signs, and internally illuminated awnings are not appropriate in the historic district and shall not be permitted.

(b) Neon lighting is not permitted in the area subject to this ordinance.

(c) No animated, flashing or electronically changeable copy signs shall be permitted.

(d) No colored lights shall be used.

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(e) If signs are illuminated, they shall be externally lit. Lighting directed toward a sign shall be shielded or recessed so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or sidewalk (see figure).

8

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ARTICLE 3 TYPES OF SIGNS PERMITTED; REQUIREMENTS Sec. 3.1. Generally. Sec. 3.2. Wall Signs. Sec. 3.3. Canopy and Awning Signs. Sec. 3.4. Window Signs. Sec. 3.5. Projecting Signs. Sec. 3.6. Door Signs. Sec. 3.7. Display Boards. Sec. 3.8. Ground Signs. Sec. 3.9. A-Frame Signs. Sec. 3.10. Historic Markers. Sec. 3.11. Temporary Signs. Sec. 3.12. Special Event Signage. Sec. 3.1. Generally. Signs not specifically described in this Section shall be prohibited. For a summary of the requirements of this Article, see Table 3.1. Sec. 3.2. Wall Signs.

(a) Wall signs shall be mounted flush against the facade of the building adjacent to the front entryway of the unit (see figure).

(b) Appropriate locations for wall signage on buildings with more than one story shall be

in the lintel space which separates the storefront from the upper floor, and the space above the transom in the storefront, where one exists (see figure). Wall signs should be located on flat, unadorned parts of the building façade, somewhere above storefront display windows (where they exist) and below second-story windows (where they exist). If the building façade or storefront has a lintel strip or signboard, the wall sign should be placed directly on it. Wall signs should be located centrally on the façade. Sign boards should not exceed two and one half (2.5) feet in height.

(c) Wall signs should be attached through joints in the masonry rather than the brick

itself.

(d) No sign shall be permitted that, when mounted flush against the façade of the building, protrudes more than six (6) inches from the façade, without the specific approval of the Historic Preservation Commission.

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Table 3.1

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Summary of Specific Sign Requirements (Refer to specific sections for requirements)

Type of Sign

# Signs Permitted

Maximum Area

Maximum Height (Ft.)

Section Reference (this Ordinance)

Approval Authority (HPC or Zoning Administrator)

Wall Signs 2 per facade 30% of wall area,

Height of building (see placement restrictions)

Sec. 3.2 Historic Preservation Commission except in case of approved uniform sign plan (then Zoning Administrator approves)

Canopy or Awning Signs

Not specifically restricted

40% of front face; 65% of side faces

Min. 8’ height clearance

Sec. 3.3 Historic Preservation Commission except in case of approved uniform sign plan

Window Signs


25% of total window area of establishment,

Ground floor windows only

Sec. 3.4 Zoning Administrator only (Article 20, Historic Preservation Ordinance) (must be unlighted)

Projecting Sign

1 per establishment; may be further limited

9 square feet Min. 8’ height clearance


Door Signs 2 per establishment

1.5 square feet each sign; 3 square feet total maximum

(see placement restrictions)


Display Board

1 per establishment

4 square feet (see placement restrictions)

Sec. 3.7 Historic Preservation Commission for permanent wall mounting, except in case of approved uniform sign plan; Zoning Administrator for removable window locations

Ground Sign

2 per adaptive use of single-

32 square feet; if second

8 feet Sec. 3.8 Historic Preservation

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(permanent, principal use)

family dwelling; otherwise prohibited

sign is used, 8 square feet

Commission

A-Frame Sign

1 per establishment

8 square feet 4 Feet Sec. 3.9 Zoning Administrator Only

Historic Markers




Sec. 3.10 Historic Preservation Commission

Temporary sign

One per property frontage

4 square feet 4 feet if placed on ground

Sec. 3.11 Zoning Administrator Only

Temporary sign when a space, unit, building, or land is for sale, rent




Special Event Sign Permit

Per permit see Sec. 24.26 zoning

see Sec. 24.26 zoning

Sec. 3.12; see Sec. 24.26 zoning

Zoning Administrator Only

(e) There is a maximum of two (2) wall signs per building façade of the leasable space.

(f) Wall signs, individually or in total allowed, shall not exceed more than thirty (30) percent of the wall area on which they are displayed.

Sec. 3.3. Canopy and Awning Signs.

(a) Storefront awnings (see figure) should be positioned either above the display window and below the transom window(s), or above both the display and transom windows but below the sign board area, cornice, or spandrel, where these architectural features exist. Signs should be silk-screened or sewn onto the awning fabric, and they should be placed on the valance of the awning. Signs on canopies should be located on the primary face or top edge (or front-angled or sloped part) of canopies.

(b) Canopy signs shall have a ground clearance of no less than eight feet above the

lowest ground elevation (see figure).

(c) Canopy signs shall cover no more than sixty-five (65) percent of the area of the side faces (awning flaps) of the canopy and no more than forty (40) percent of the front (or front-angled or sloped) face of the canopy.

Sec. 3.4. Window Signs.

(a) Window signs (see figure) may be displayed on or in display windows on the ground floor. .

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(b) When window signage is provided, painting is required. Applied vinyl letters are not allowed.

(c) In no case shall any window sign be installed above the level of second floor

windows.

(d) Window signs shall not exceed 25 percent of the total window area of the business or establishment.

(e) The number of window signs for any individual business or establishment is not

limited by this ordinance but limitations may be imposed via the certificate of appropriateness.

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(f) Window signs should be placed approximately three and one-half (3.5) feet above

the sidewalk.

(g) Window signs should not extend within eighteen (18) inches from the top or bottom of the display window glass.

Sec. 3.5. Projecting Signs.

(a) Projecting signs are permissible (see figure), but the Historic Preservation Commission may restrict them if other alternatives (wall, window, door, and awning) signs are also present or proposed. If a projected sign is authorized, it shall meet the specifications of this section.

(b) Projecting signs are typically placed near the entry door.

(c) Projecting signs shall project perpendicularly from the building.

(d) Projecting signs shall be secured in place with a frame mount assembly.

(e) Projecting signs do not necessarily have to be entirely stationary; they may

suspended from an awning or similar type structure or affixed to a bracket-mount to the building or structure in a manner where the sign face sways; such motion shall not make a swinging sign a prohibited animated sign.

(f) Any sign that is suspended from the underside of a canopy (including awnings), shall

be located perpendicular to the wall surface of a building.

(g) All projecting signs shall have a ground clearance of no less than eight (8) feet above the lowest ground elevation.

(h) Such signs shall project no more than thirty-six (36) inches from the building face.

(i) Projecting signs shall be limited to one (1) per business or establishment.

(j) No projecting sign shall exceed an area of nine (9) square feet per sign face.

(k) Projecting signs shall not be illuminated.

(l) If applicable, projecting signs shall obtain an encroachment permit from the City

Council. Sec. 3.6. Door Signs.

(a) Signs on doors should be located on or in the glazing of the doors. Letters must be painted – vinyl letters are not allowed.

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(b) There shall be no more than two (2) door signs for any individual business or

establishment.

(c) The maximum area for any individual door sign shall be one and one-half (1 ½) square feet.

(d) There shall be a maximum of three (3) square feet total area of door signs allowed

for any single business or establishment. Sec. 3.7. Display Boards.

(a) One display board shall be permitted per establishment, subject to compliance with the provisions of this Section.

(b) Moveable display boards, when displayed within a window on the ground floor

display boards shall not count as window signs in terms of maximum allowable window sign area.

(c) Display boards that are permanently placed on a wall (e.g., a wall mounted display

box) shall count as wall signs in terms of maximum allowable wall sign area, but they shall not be counted in terms of the maximum number of wall signs allowed.

(d) Display boards shall not exceed an area of four (4) square feet per sign face.

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Sec. 3.8. Permanent Principal Use Ground Signs.

(a) Ground signs shall only be permitted in the front yard of properties containing a detached, single-family residence that has been converted to office, institutional, retail, service, or commercial use, and/or a commercially designed building with an appropriate landscaped front yard area.

(b) The maximum height of any ground sign which may be permitted pursuant to this

ordinance shall be eight (8) feet.

(c) Except for temporary signs permitted by the Zoning Administrator, any permanent ground sign permitted pursuant to this ordinance shall be supported by at least two (2) wooden posts, no less than four inches by four inches. However, the Historic Preservation Commission may allow single post signs and metal posts, if deemed more compatible with the building, property, and/or surroundings.

(d) No more than two (2) ground signs shall be permitted per property frontage.

(e) No ground sign shall exceed an area of thirty-two (32) square feet per sign face.

(f) If two ground signs are erected, the second sign shall be no larger than eight (8)

square feet in area. Sec. 3.9. A-Frame Signs.

(a) Movable sandwich signs, also called A-frame signs, may be used in the historic district, limited to one per business or establishment.

(b) Such sign(s) which shall be temporarily placed on the ground in front of the business,

may only be used during hours the business is open, and shall be removed from the ground when the business or establishment is not open to the public.

(c) No such sign shall exceed a height of four (4) feet about the ground.

(d) No such sign shall exceed an area of eight (8) square feet per sign face.

(e) Signs shall not restrict pedestrian access

Sec. 3.10. Historic Markers.

(a) Historic markers do not count for purposes of maximum wall signage limitations of this ordinance.

(b) Historic markers should be made of cast metal or other durable materials.

(c) They should be securely attached to the building and should lay flat against the

building wall.

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(d) They should be located at eye level and should be positioned near a building entrance or another area of high visibility.

Sec. 3.11. Temporary Signs. One temporary ground sign or wall sign per lot or per property frontage, unlighted, is permitted during the time when a space, unit, building, or land is for sale, rent, or lease, not exceeding eight square feet of area, nor a height of eight feet if placed on the ground. One additional temporary ground sign or wall sign per lot or per property frontage, unlighted, not exceeding four square feet of area, nor a height of four feet if placed on the ground, is permitted. Sec. 3.12. Special Event Signage. Property owners in the historic district may apply for permits for special events and associated signage, as provided in Sec. 24.26 of the Flowery Branch Zoning Ordinance, except that gas or air-filled advertising device shall not be allowed.

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ARTICLE 4 REVIEW AND APPROVAL PROCEDURES Sec. 4.1. Applications Involving Buildings with Multiple Tenants or Uses. Sec. 4.2. Buildings with More than One Building Frontage or Façade. Sec. 4.3. Criteria for Certificates of Appropriateness Generally. Sec. 4.4. Specific Criteria for Signs. Sec. 4.5. Signs Consistent with Uniform Sign Plans. Sec. 4.1. Applications Involving Buildings with Multiple Tenants or Uses. No permits shall be issued for buildings involving more than one use or tenant unless and until a uniform sign plan for the multi-use or multi-tenant building has been submitted and approved by the Historic Preservation Commission and the Zoning Administrator. The uniform sign plan shall indicate how all signage will be consistent or well coordinate in terms of lighting, colors, fonts, composition of materials, location in relation to the building, and proportions. Upon approval of a uniform sign plan, the Zoning Administrator shall be authorized to issue sign permits (upon application) for individual signs upon being deemed consistent with the approved master signage plan, without the need to obtain a certificate of appropriateness. Sec. 4.2. Buildings with More than One Building Frontage or Façade. Buildings with more than one frontage or façade should generally have lesser amounts of signage on the secondary building frontage than on the primary (or most frequently used) building frontage. Sec. 4.3. Criteria for Certificates of Appropriateness Generally. In determining the appropriateness or location of new signs proposed to be placed within the boundaries of the historic district, the Historic Preservation Commission may apply the criteria specified for certificates of appropriateness as provided by the City’s Historic Preservation Ordinance (see Section 5.7 of Ordinance No. 375). Sec. 4.4. Specific Criteria for Signs. In addition to criteria specified generally for certificates of appropriateness by the City of Flowery Branch’s Historic Preservation ordinance (see Section 5.7 of Ordinance No. 375), the Historic Preservation Commission may consider the following criteria which are specifically applicable to signs:

(a) The size, scale and design of the sign shall be compatible with the size, scale and design of the property, building or site upon which it is to be located.

(b) The sign's materials shall be compatible with the period and style of the property,

building or site.

(c) The sign's location shall not obscure any significant architectural features of the building or site.

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(d) The sign's installation shall not irreparably damage any cornice, ornament or similar architectural detail and shall be the least damaging method feasible for the property, building or site.

The Historic Preservation Commission is authorized to apply additional guidelines for the composition, design and placement of signs, including but not limited to a listing of typeset fonts or lettering standards, and colors, if such guidelines are adopted by resolution of the Flowery Branch City Council. For any sign within the area governed by this ordinance which is authorized to be administratively approved by the Zoning Administrator, the criteria established in this section and as referenced in this section may be used as a basis for making administrative decisions to approve, conditionally approve, or disapprove sign permits. Sec. 4.5. Signs Consistent with Uniform Sign Plans. Any sign permit application if consistent with an approved uniform sign plan, is exempt from individual approval by the Historic Preservation Commission, and the Zoning Administrator is authorized to issue sign permits after application, provided they are consistent with the uniform sign plan.

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ARTICLE 5 ADMINISTRATION AND ENFORCEMENT Sec. 5.1. Administration. Sec. 5.2. Appeals. Sec. 5.3. Variances. Sect. 5.4. Enforcement and Penalties. Sec. 5.1. Administration. This Ordinance shall be administered by the Zoning Administrator, and the provisions of Article 42 of the City of Flowery Branch Zoning Ordinance shall apply. Sec. 5.2. Appeals. Any decision by the Zoning Administrator or Historic Preservation Commission with regard to this Ordinance may be appealed pursuant to Article 39 of the City of Flowery Branch Zoning Ordinance. Sec. 5.3. Variances. Variances shall be permitted to be granted upon application, in accordance with the same procedures as those specified in Sec. 24.29 of the City of Flowery Branch Zoning Ordinance. The City Council in considering whether or not to grant variances to the terms of this Ordinance shall consider the criteria for granting sign variances as specified in Sec. 24.29 of the City of Flowery Branch Zoning Ordinance. Sect. 5.4. Enforcement and Penalties. The provisions of Article 43 of the City of Flowery Branch Zoning Ordinance shall be applicable to violations, enforcement procedures, and the assessment of penalties to violations, enforcement, and penalties regarding this Ordinance.

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Article 34, Rezoning and Conditional Use Applications (Amended through Ord. 348-11) Zoning Ordinance City of Flowery Branch, GA

271

ARTICLE 34

REZONING AND CONDITIONAL USE APPLICATIONS Sec. 34.1. Authority to Amend. Sec. 34.2. Initiation of Proposals for Rezoning. Sec. 34.3. Initiation of Conditional Use Applications. Sec. 34.4. Application Requirements. Sec. 34.5. Site Plan Requirements. Sec. 34.6. Development Statistics Required. Sec. 34.7. Analysis Requirements. Sec. 34.8. Application Compliance and Completeness. Sec. 34.9. Administrative Processing of Applications. Sec. 34.10. Concurrent Consideration of Applications. Sec. 34.11. Investigations and Recommendation. Sec. 34.12. Notice of Public Hearing. Sec. 34.13. Public Notice Sign. Sec. 34.14. Special Notice Requirements For Halfway Houses and Related Uses. Sec. 34.15. Public Hearing. Sec. 34.16. Decision. Sec. 34.17. Withdrawal of Application. Sec. 34.18. Refunds When Application is Withdrawn. Sec. 34.19. Limitations on the Frequency of Filing Applications. Sec. 34.20. Notice of Action. Sec. 34.21. Incorporation Clause. Sec. 34.1. Authority to Amend. City Council may from time to time amend the boundaries of any zoning district established in this Zoning Ordinance, and it may consider upon application the approval, conditional approval, or denial of conditional use applications. Sec. 34.2. Initiation of Proposals for Rezoning. An application to amend the official zoning map of the City, thus changing the boundaries of a zoning district, may be initiated by:

(a) The Governing BodyCity Council; or

(b) Any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which an amendment is sought.

Sec. 34.3. Initiation of Conditional Use Applications. An application for conditional use may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the conditional use is sought.

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Sec. 34.4. Application Requirements. Applications to amend the official zoning map of this zoning ordinance or for a conditional use shall require submittal of an application requirements specified in this Section. The Zoning Administrator may waive the application fee and certain application requirements specified in this Section when an application for amendment of the official zoning map is initiated by the Governing BodyCity Council or authorized by the City Manager. (Ord. 348-11)

(a) Application fee as specified by this ordinance or established by resolution of the Governing BodyCity Council;

(b) Application form furnished by the Zoning Administrator, including signed and

notarized signature of property owner;

(c) Legal description of the property;

(d) Survey plat of the property;

(e) Letter of intent describing the proposed use of the property or other action requested;

(f) Site plan of the property at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements;

(g) Statistics regarding the proposed development;

(h) Written analysis of how the proposed action compares to decision criteria specified

for deciding on the subject type of application;

(i)(h) Description of any special conditions voluntarily made a part of the request; and

(j)(i) Other information as may be required by the Zoning Administrator. Sec. 34.5. Site Plan Requirements. Applications described in this Article shall include a site plan, which shall at minimum include on the site plan information specified in this Section. The Zoning Administrator may waive one or more of the requirements of this Section in individual cases when he/she determines that one or more elements of the required information specified in this Section are not essential to the review process.

(a) Existing and proposed buildings and structures; (b) Parking and internal circulation;

(b)(c) Proposed landscaping;

(c)(d) Buffers, where required; and

(d)(e) Other information as may be required by the Zoning Administrator.


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Sec. 34.6. Development Statistics Required. Applications described in this Article shall submit development statistics and specifications shall at minimum include on the site plan or in written form the information specified in this Section. The Zoning Administrator may waive one or more of the requirements of this Section in individual cases when he/she determines that one or more elements of the required information are not essential to the review process.

(a) Maximum and proposed height of any structure; (b) Maximum and proposed gross square footage of the building area (nonresidential

only);

(c) Color renderings of any proposed structures;

(b)(d) Material list (with percentages) of any proposed structures;

(c)(e) Maximum and proposed number of dwelling units and minimum and proposed

square footage of heated floor area for any dwelling unit (residential only);

(d)(f) Maximum and proposed lot coverage of building area (square feet and percent);

(e)(g) Minimum and proposed square footage of landscaped area (square feet and percent);

(f)(h) Minimum, maximum and proposed number of parking spaces; and

(g)(i) Other dimensional information as may be required by the Zoning Administrator.

Sec. 34.7. Analysis Requirements. Applications to amend the official zoning map and applications for conditional uses shall provide a written analysis comparing the proposed action with the criteria in this Section. A zoning map amendment or conditional use application may be justified only if it bears a reasonable relationship to the public health, safety, morality, or general welfare, and after consideration of the analysis requirements which may in individual cases be considered criteria relevant to Zoning Administrator in making recommendations and by the Governing Body in the decision-making process.

(a) Whether the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

(b) Whether the proposal will adversely affect the existing use or usability of adjacent or

nearby property.

(c) Whether the property to be affected by the proposal can be used in accordance with the existing regulations and has a reasonable economic use as currently zoned.



Formatted: Indent: Left: 0.75", No bullets or

numbering

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(d) Whether the proposal will result in a use which will or could cause an excessive or

burdensome use of existing streets, transportation facilities, utilities, or schools

(e) Whether the proposal is in conformity with the policy and intent of the comprehensive plan including but not limited to the character area map and future land use plan map.

(f) Whether there are other existing or changing conditions affecting the use and

development of the property which give supporting grounds for either approval or disapproval of the proposal

(g) Existing use(s) and zoning of the subject property and nearby properties.

(h) Existing value of the property under the existing zoning district classification, the

extent to which the property value of the subject property is diminished by the existing zoning district, and the value of the property under the proposed zoning district; if such information is provided by the applicant or can be discerned. This consideration may include the length of time the property has been vacant or unused as currently zoned and efforts taken by the property owner(s) to use the property or sell the property under the existing zoning district classification.

(i) Whether a proposed zoning map amendment or conditional use approval will be a

deterrent to the value or improvement of development of adjacent property in accordance with existing regulations

(j) The possible creation of an isolated zoning district unrelated to adjacent and nearby

districts

(k) Possible effects of the change in zoning district map, or change in use, on the character of a zoning district.

(l) The possible impact on the environment, including but not limited to, drainage, soil

erosion and sedimentation, flooding, air quality and water quality.

(m) The relation that the proposed map amendment or conditional use bears to the purpose of the overall zoning scheme and the purposes of this Zoning Ordinance.

Sec. 34.8. Application Compliance and Completeness.

(a) No application described in this Article shall be processed by the Zoning Administrator unless it complies with the procedural requirements of this Article and is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this Article.

(b) If an application described and regulated by this Article does not comply with all

provisions of this Article, the Zoning Administrator shall reject the application and refuse to process it.

(c) In cases where more than one application (rezoning, conditional use, variance)

pertaining to a particular piece of property is filed simultaneously, the applicant must

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prepare separate applications and meet all application requirements for each application filed; provided, however, that the Zoning Administrator may waive separate site plan, fees, and the or letter of intent filing requirements when they would be unnecessarily duplicative.

Sec. 34.9. Administrative Processing of Applications. The Zoning Administrator is hereby authorized to establish administrative deadlines for the receipt of applications specified in this Article. Upon a finding by the Zoning Administrator that an application is complete and complies with the requirements of this Article, including deadlines, the application shall be marked received and approved for initiation, and the date of such consideration shall be indicated in the file of the application. Sec. 34.10. Concurrent Consideration of Applications.

(a) Concurrent Conditional Use Applications. In cases where an applicant is proposing a rezoning (i.e., amendment to the official zoning map), and where the applicant files an application to obtain a conditional use at the same time of filing a rezoning application, the two applications may be processed simultaneously, but the conditional use application shall not be considered until the rezoning application is approved (which may be the same public hearing or meeting), since the conditional use would not otherwise be permitted without the rezoning.

(b) Concurrent Variance Applications. In cases where an applicant is proposing a

rezoning (i.e., amendment to the official zoning map), and where the applicant files an application to obtain a variance at the same time of filing a rezoning application, the two applications may be processed simultaneously, but the variance application shall not be considered until the rezoning application is approved (which may be the same public hearing or meeting), since the variance would not otherwise be permitted without the rezoning.

Sec. 34.11. Investigations and Recommendation.

(a) Within a reasonable period of time after acceptance of a complete application, the Zoning Administrator may send the application out for review by internal municipal departments and external agencies as may be appropriate (i.e., inter-agency review). Such internal municipal agencies should include the police department and public works/utilities department. External agencies may include but are not limited to the Hall County Board of Education; Georgia Regional Transportation Authority, Georgia Department of Transportation; Georgia Mountains Regional Development Center, adjacent local governments, and various departments of Hall County Government.

(b) Any written comments received in a timely manner shall be submitted to City

Councilthe Governing Body for consideration, and any such comments shall become an official public record.

(c) With respect to each rezoning or conditional use application, and any concurrent

variances filed, the Zoning Administrator may investigate and make a

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recommendation regarding any or all of the relevant matters concerning the application. Any such investigation and recommendation shall if in writing be made available to the applicant and City Councilto the applicant and Governing Body prior to the public hearing held by the Governing Body and shall become an official public record.

(d) Copies of the Zoning Administrator’s findings and recommendations mayshall be

provided to the applicant prior to the public hearing and shall be available upon request to interested members of the public prior to or at public hearing on the matter.

Sec. 34.12. Notice of Public Hearing.

(a) At least fifteen (15) but not more than forty-five (45) days prior to the date of the public hearing before the Governing BodyCity Council, the city shall cause to be published within a newspaper of general circulation within the City a notice of the public hearing before Mayor and City Council, on each application that is the subject of this Article. The notice shall state the time, place, and purpose of the public hearing.

(b) If the zoning decision of a local government is for the rezoning of property and the

rezoning is initiated by a party other than the local government, then the notice shall include the location of the property, the present zoning classification, and the proposed zoning classification of the property.

(c) Each public notice sign pertaining to a conditional use shall state the existing or

proposed zoning classification and the proposed use of the property. Each public notice sign pertaining to a concurrent variance shall state the proposed zoning classification and the type of variance applied for.and the section or sections of the Zoning Ordinance proposed to be varied.

Sec. 34.13. Public Notice Sign.

(a) For all applications involving an amendment to the official zoning map, application for conditional use, or application for a concurrent variance, the Zoning Administrator shall cause to have posted in a conspicuous location on said property one (1) or more sign(s).

(b) The public notice sign shall be erected not less than fifteen (15) calendar days prior

to the public hearing before the Governing BodyCity Council pertaining to said application. Each public notice sign shall state the time, place, and purpose of the public hearing before the Governing Body, and the location of the property.

(c) Each public notice sign pertaining to an amendment to the official zoning map shall

state the present zoning classification and the proposed zoning classification of the property.

(d) Each public notice sign pertaining to a conditional use shall state the existing or

proposed zoning classification and the proposed use of the property. Sec. 34.14. Special Notice Requirements fFor Halfway Houses and Related Uses.

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This section is adopted pursuant to the specific requirements of the State Zoning Procedures Law. When a proposed zoning map amendment or conditional use application relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a duly noticed public hearing shall be held by the Governing Body City Council on the proposed action in accordance with the procedures and requirements established in this zoning ordinance. In addition, the following requirements shall apply.

(a) Such public hearing before the Governing Body shall be held at least six (6) months but not more than nine (9) months prior to the date of final action on the application.

(b) All published or posted notices of the public hearing shall include a prominent

statement that the proposed zoning map amendment or conditional use relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency.

(c) The published notice shall be at least six (6) column inches in size and shall not be

located in the classified advertising section of the newspaper. Sec. 34.15. Public Hearing. The Governing BodyCity Council shall hold a public hearing on all rezoning and conditional use applications in accordance with the public hearing procedures specified in Article 35 of this zoning ordinance. Sec. 34.16. Decision.

(a) Within a period of sixty-five (65) calendar days from the date of the public hearing held by the Governing Body on any such application(s) described in this Article, the Governing Body shallcity council render a decision on the application(s).

(b) The Governing BodyCity Council may approve or disapprove the proposed rezoning

or conditional use as applied for, or it may approve modifications of the application as originally proposed, and it may place conditions of approval on the application.

(c) In rendering a decision on any such application, the Governing BodyCity Council

shall consider all information supplied by the applicant and Zoning Administrator. Sec. 34.17. Withdrawal of Application. Any application described in this Article may be withdrawn at any time at the discretion of the person or agency initiating such a request, upon written notice to the Zoning Administrator. Sec. 34.18. Refunds When Application is Withdrawn.

(a) When any application described in this Article is initiated by a party other than the Governing BodyCity Council, and said application is withdrawn within ten (10) calendar days from the date of approval for initiation by the Zoning Administrator, one half (1/2) of the entire application fee paid by the applicant shall be refunded to the applicant. The Administrator shall refund that portion of the application fee within thirty (30) calendar days of the date of withdrawal of the application.

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(b) No portion of a required application fee shall be refunded on any application

withdrawn by an applicant later than ten (10) calendar days from the date of approval for initiation by the Zoning Administrator.

Sec. 34.19. Limitations on the Frequency of Filing Applications.

(a) No application regulated by this Article and affecting the same or any portion of property which was denied by the Governing BodyCity Council shall be accepted for filing by a property owner until twelve (12) months shall have elapsed from the date of said application was denialed by Governing Body.

(b) The same or any portion of property previously considered in a zoning map

amendment or conditional use application which was denied by City Councilthe Governing Body may not again be initiated by the Governing Body until the expiration of at least six (6) months immediately following the final decision rendered on the application by the Governing Bodydenial..

Sec. 34.20. Notice of Action. The Zoning Administrator shall notify the applicant of the action taken by City Council within a reasonable time frame. the Governing Body on the application no later than five (5) working days from the date the Governing Body took action on said application. Sec. 34.21. Incorporation Clause. This Article is intended to comply with the provisions of the Georgia Zoning Procedures Act, O.C.G.A. § 36-66 et. seq., which Act is incorporated by reference in its entirety into this ordinance. Where any provision of this Article is in conflict with any provision of the Act, the Act shall control. Or where this Article is incomplete in having failed to incorporate a provision necessarily required for the implementation of the Act, such provision of the Act, so as to meet the mandate of the Act, shall be fully complied with.

57

Article 38, Administrative Variances Zoning Ordinance City of Flowery Branch, GA

289

ARTICLE 38

ADMINISTRATIVE VARIANCES Sec. 38.1. Authority. Sec. 38.2. Provisions that May Be Administratively Varied. Sec. 38.3. Initiation of Administrative Variance Applications. Sec. 38.4. Application Requirements. Sec. 38.5. Site Plan Requirements. Sec. 38.6. Application Compliance and Completeness. Sec. 38.7. Criteria for Approval of Administrative Variances. Sec. 38.8. Procedures. Sec. 38.9. Withdrawal of Application. Sec. 38.10. Limitations on the Frequency of Filing Applications. Sec. 38.11 Appeal. Sec. 38.12. Records. Sec. 38.1. Authority. The Zoning Administrator shall have the power to authorize upon application in specific cases such administrative variances from the terms of this zoning ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this zoning ordinance will in an individual case result in practical difficulty or unnecessary hardship, so that the spirit of this zoning ordinance shall be observed, public safety and welfare secured, and substantial justice done. The Zoning Administrator may upon application consider the approval, conditional approval, or denial of administrative variances, subject to the requirements of this Article. In granting an administrative variance, the Zoning Administrator may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this zoning ordinance, as may be deemed necessary for the protection of adjacent properties and the public interest. Sec. 38.2. Provisions that May Be Administratively Varied. The following provisions of this zoning ordinance may be administratively varied by the Zoning Administrator, subject to the specific limitations of this Section:

(a) Front building setback for a principal building, reduction not to exceed seven (7) feet.

(b) Side building setback for a principal building, reduction not to exceed three (3) feet.

(c) Rear building setback for a principal building, reduction not to exceed five (5) feet.

(d) Setback for an accessory building, reduction not to exceed two (2) feet.

(e) Maximum height of a building, not to exceed five (5) feet above the applicable maximum.

(f) Landscape strip minimum widths, reduction not to exceed twenty percent (20%) of

the minimum required width. For example, if the minimum landscape strip width is

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ten feet (10’), the Zoning Administrator may authorize a reduction to no less than eight feet (8’). The Zoning Administrator may also authorize an average width of landscape strip rather than a minimum.

(g) Parking above the maximum or twenty percent (20%) below the minimum required

as specified in Table 21.3, on a case-by-case basis based upon the scale and impacts of the request, for good cause shown, as provided in Section 21.18 of this zoning ordinance.

(h) The maximum height of fences and walls, not to exceed a 2-foot increase.

(i) Certain dimensional requirements of the TND zoning district, as specified in Table

7.2 of this zoning ordinance, may be administratively varied by the Zoning

Administrator, for one or more lots for detached, single-family dwellings only, as

follows:

1. The required minimum lot size of 6,700 square feet may be reduced to 6,000

square feet (and the corresponding maximum density may be increased from 6.5

to 7.26 dwelling units per acre);

2. The required minimum lot width of forty-five (45) feet may be reduced to forty

(40) feet;

3. The minimum lot depth may be reduced from eighty (80) feet to seventy (70) feet.

(h)

Sec. 38.3. Initiation of Administrative Variance Applications. An application for variance may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the administrative variance is sought. Sec. 38.4. Application Requirements. Applications for administrative variance shall require submittal of an application requirements specified in this Section.

(a) Application fee as specified by this ordinance or established by resolution of the Governing Body;








numbering

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(f) Site plan of the property at an appropriate engineering scale showing the proposed

use and relevant information regarding proposed improvements;


(h) Written analysis of how the proposed action compares to decision criteria specified for deciding on the subject type of application;

(i) Description of any special conditions voluntarily made a part of the request; and

(j) Other information as may be required by the Zoning Administrator.

Sec. 38.5. Site Plan Requirements. Applications for administrative variance shall include a site plan, which shall at minimum include on the site plan information specified in this Section. The Zoning Administrator may waive one or more of the requirements of this Section in individual cases when he/she determines that one or more elements of the required information specified in this Section are not essential to the review process.

(a) Existing and proposed buildings and structures;

(b) Other information as may be required by the Zoning Administrator to describe and/or graphically depict the requested administrative variance.


(a) No administrative variance application shall be processed by the Zoning Administrator unless it complies with the procedural requirements of this Article and is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this Article.

(b) If the variance application does not comply with all application submittal

requirements of this Article, the Zoning Administrator shall reject the application and refuse to process it.

Sec. 38.7. Criteria for Granting Variances. Any applicant requesting consideration of an administrative variance shall provide a written justification that one or more of the following condition(s) exist. The Zoning Administrator shall not approve an administrative variance application unless it shall have adopted findings that the one or more of the following conditions exist:

(a) There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district;

(b) A literal interpretation of the provisions of this ordinance would effectively deprive the

applicant of rights commonly enjoyed by other properties of the district in which the property is located;

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(c) Granting the variance requested will not confer upon the property of the applicant

any special privileges that are denied to other properties of the district in which the applicant’s property is located;

(d) The requested variance will be in harmony with the purpose and intent of this

ordinance and will not be injurious to the neighborhood or to the general welfare;

(e) The special circumstances are not the result of the actions of the applicant;

(f) The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed; and

(g) The variance shall not permit a use of land, buildings or structures, which is not

permitted by right in the zoning district or overlay district involved. Sec. 38.8. Procedures. Administrative variance applications shall be considered and processed in accordance with the requirements of this Section.

(a) Zoning Administrator shall review all applications (b) Applications must be complete and meet the requirements as set forth in section

38.2.

(a) Written Notice to Abutting Property Owners. At least fifteen (15) calendar days prior to a decision to grant an administrative variance, the Zoning Administrator shall notify in writing the owner of each property abutting the property pertaining to the application for administrative variance, citing the specific section or sections of the zoning ordinance proposed to be administratively varied, the amount of the variance, and the applicant’s stated justification for an administrative variance.

(b) Property Owner Review and Comment. Each abutting property owner, including

property located across the street or streets from the property that is the subject of the variance application, shall have ten (10) calendar days from the date such notice is received to consent or object to the granting of the variance by sending in writing to the Zoning Administrator an objection, stating the reason for the consent or objection to the granting of the variance. If consent is provided or any objection is made to the application for administrative variance in writing, the Zoning Administrator shall take that factor, and any information submitted there with, into consideration. Action by the Zoning Administrator, however, is not based exclusively on neighbor acceptance or opposition.

(c) Prior Consent of Abutting Property Owners. If the applicant for administrative

variance secures the signatures of all abutting property owners consenting to the variance on a form approved by the Zoning Administrator which shall include the specific section or sections of the zoning ordinance proposed to be varied and the amount of the variance, the Zoning Administrator after verifying the abutting property owners by consulting the property ownership records of the City and that they have

Formatted: Numbered + Level: 1 + Numbering Style:

a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:

0.25" + Tab after: 0.75" + Indent at: 0.75"

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signed the consent form, shall determine the property owner review and comment period to be complete and shall have supporting grounds for acting on the request at any time thereafter. Approval by the Zoning Administrator, however, is not based exclusively on neighbor acceptance.

(d) Written Decision. To approve an administrative variance, the Zoning Administrator

shall make written findings that the variance requested complies with the administrative variance criteria specified in this Article. The Zoning Administrator shall issue a written decision stating whether the administrative variance request is approved, approved with conditions, or denied.

(e) Notice of Decision to Deny. If denied, the Zoning Administrator shall state in the

letter that the applicant denied an administrative variance may file an application for variance in accordance with Article 38 of this zoning ordinance. Said notice of decision shall also be provided to all abutting property owners on record as having consented to or objected to the administrative variance application.

(f) Notice of Decision to Approve When Objection Exists. If the administrative variance

application was approved by the Zoning Administrator and an objection was made by an abutting property owner to the granting of the application, the letter shall indicate that the abutting property owner may appeal the variance as an administrative decision only if there is alleged to be an error in the action that is inconsistent with the requirements of this Article or the zoning ordinance generally.

Sec. 38.9. Withdrawal of Application. An administrative variance application may be withdrawn at any time at the discretion of the person or agency initiating such a request, upon written notice to the Zoning Administrator. No refunds of the application fee shall be provided in the case of a withdrawal. Sec. 38.10. Limitations on the Frequency of Filing Applications. No variance application affecting the same or any portion of property which was denied by the Governing Body shall be accepted for filing by a property owner until twelve (12) months shall have elapsed from the date said application was denied by Governing Body. Sec. 38.11. Appeal.

(a) Denial. The Zoning Administrator’s denial of an administrative variance shall not be appealed as an administrative determination by the subject property owner, but any applicant denied an administrative variance may file an application for variance with the Governing Body pursuant to Article 37 of this zoning ordinance.

(b) Approval. The Zoning Administrator’s approval of an administrative variance may be

appealed as an administrative decision, but only if there is alleged to be an error in the administration or enforcement of this zoning ordinance. If such appeal is filed it shall be processed and considered in accordance with Article 39 of this zoning ordinance. When the administrative variance application was approved by the Zoning Administrator with conditions, and in the case of the subject property owner finds such conditions are not acceptable, the applicant shall not be authorized to file

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an appeal of the administrative decision but may file an application for variance with the Governing Body pursuant to Article 37 of this zoning ordinance.

Sec. 38.12. Records. The Zoning Administrator shall keep public records of all administrative variances applied for and granted pursuant to this Article.

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Article 39, Appeal of Administrative Decision Zoning Ordinance City of Flowery Branch, GA

294

ARTICLE 39

APPEAL OF ADMINISTRATIVE DECISION Sec. 39.1. Appeal as a Remedy. Sec. 39.2. Initiation. Sec. 39.3. Application Requirements. Sec. 39.4. Public Notice and Public Hearing. Sec. 39.5. Stay of Proceedings. Sec. 39.6. Decision. Sec. 39.1. Appeal as a Remedy. Persons may appeal to the Governing Body for relief when aggrieved by an action or an interpretation of the Zoning Administrator made under this zoning ordinance. All such requests for relief shall be taken as an appeal to the Governing Body, as provided in this Article. Sec. 39.2. Initiation. Appeals of an administrative decision may be initiated by any person aggrieved by a decision made under this zoning ordinance or by an officer or department head of the City. Such appeal shall be initiated within fifteen (15) days of the action or decision appealed from by filing with the Zoning Administrator an application for an appeal of an administrative decision specifying the grounds thereof. If the person aggrieved by an action within this zoning ordinance does not initiate an appeal within fifteen (15) days, then the decision of the Zoning Administrator shall stand, and no further administrative remedy shall be available under this zoning ordinance Sec. 39.3. Application Requirements. No application shall be accepted for processing by the Zoning Administrator unless it meets the requirements of this Article. To initiate an appeal, an application must be submitted to the Planning Department which shall include at minimum the following:

(a) Application Form. A completed application. All applications shall be submitted to the Zoning Administrator on the appropriate application forms.

(b) Fee. All applications shall be accompanied by a non-refundable fee as fixed from

time to time by the Governing Body. A fee shall not be charged if the Governing Body initiates the appeal application.

(c) Written Narrative. A written narrative explaining the request and purpose for the

appeal.

(d) Additional Requirements. In reviewing an application, the Zoning Administrator shall also be authorized to require any supporting information necessary to review an administrative decision on the record necessary to resolve the request for appeal. These may include but are not limited to plat or boundary survey, architectural renderings, or concept plan or as-built surveys. When the appeal application is referred to the Governing Body, the applicant shall be required to submit a sufficient number of scaled and reproducible size copies of such supporting documentation as determined by the Zoning Administrator.

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Sec. 39.4. Public Notice and Public Hearing. An application for appeal of an administrative decision shall comply with the public notice and public hearing process as described in Article 37 of this zoning ordinance for variance applications. Sec. 39.5. Stay of Proceedings. The filing of a completed application for an appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Governing Body, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed unless the applicant for appeal of an administrative decision secures an order from a court of competent jurisdiction. Sec. 39.6. Decision. City Council shall make findings and render a decision after the public hearing on the appeal application. The City Clerk shall notify the applicant, in writing, of its decision within five (5) days after the Governing BodyCity Council has rendered its decision. The Governing BodyCity Council may affirm, overrule or modify, in whole or in part, the rulings, or decisions or interpretations of the Zoning Administrator. In cases where an appeal is granted, the Governing body may direct the issuance of land development permits or building permits, not otherwise inconsistent with this or other ordinance adopted by the Governing BodyCity Council. A decision of the Governing Bodyby City Council pursuant to this Article shall constitute final action and may be appealed only to a court of competent jurisdiction in the manner provided by law.

65

Article 40, Design Review Zoning Ordinance City of Flowery Branch, GA

296

ARTICLE 40

DESIGN REVIEW Sec. 40.1. Purposes. Sec. 40.2. Applicability. Sec. 40.3. Exemptions. Sec. 40.4. Authority. Sec. 40.5. When to File. Sec. 40.6. General Requirements. Sec. 40.7. Initiation of Design Review ApplicationsRequests. Sec. 40.8. Application RequestRequirements. Sec. 40.9. Application Compliance and Completeness. Sec. 40.10. Process for Design Review ApplicationsRequests. Sec. 40.11. Criteria for Considering Design Review ApplicationsRequests. Sec. 40.12. Notice of Action. Sec. 40.13. Revision, Resubmission, and Reapplication. Sec. 40.14. Changes after Approval. Sec. 40.12 Appeals Sec. 40.1. Purposes. Careful attention to the architectural design of buildings and the layout of development sites is in the economic interests of the City, its citizens, and business owners. Attractive and integrated architectural and site design features tend to improve an area’s image, raise overall property values, attract new businesses and residents, and improve the quality of life. Research and experience have shown that there is a positive return on investment for providing attractive design features, for both government and property owners. This ordinance establishes a design review process and requires review and approval by the Zoning Administrator of design plans. Sec. 40.2. Applicability. This Article shall apply to all development, except for single-family detached dwellings and manufactured homes, within the city limits of the City of Flowery Branch, unless otherwise specifically exempted from compliance. Developments within the CBD, M-1, and M-2 zoning districts shall meet all requirements as shown in Article 9 of this ordinance. Sec. 40.3. Exemptions. The following activities are exempt from filing a design review applicationrequest:

(a) Detached, single-family dwellings under fee simple ownership, and manufactured homes.

(a) All applications for land development or building permits are required to meet the requirements of this Article and are therefore exempt from making a formal request unless the applicant chooses to do so independently, concurrently, or in advance of the building or land development permit application.

(b) The re-occupation of vacant office, commercial, institutional, or light industrial

space within a single-tenant or multi-tenant building that received prior approval,

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where no new changes to the external features of the building or site inconsistent with prior approval will take place, except for a change in signage.

(c) Changes of ownership but which do not involve any changes to external features

of the building or site inconsistent with prior approval, including signage.

(d) Repainting of an existing building to a similar color.

(e) Revisions of window or door placement.

(f) Adding compatible building area up to an additional twenty-five percent (25%) of design review originally approved under the terms of this Article.

(g)(f) An increase or decrease in the number of parking spaces of ten percent (10%)

from the number originally approved.

(h)(g) Repair or reconstruction of existing freestanding retaining walls, decorative walls, and fences, when repaired or replaced with materials that are the same or substantially similar to those originally approved.

(i)(h) Modifications to outdoor lighting fixtures involving the replacement of light

fixtures, and which may involve an increase in the number of light fixtures at the same or lesser height, provided that the type of lighting and materials used for such light fixtures shall be of the same as or similar to those originally approved, and subject to the provisions of Article 23 of this zoning ordinance.

(j)(i) The relocation of an access driveway or curb cut which does not affect or

interfere with the approved placement of buildings or structures.

(k)(j) The addition of a temporary use that is permitted in the zoning district in which the subject property is located.

(l)(k) Development and activity that is specifically exempt from design review by

another section of this zoning ordinance.

(m)(l) Other similar minor changes as determined by the Zoning Administrator. The Zoning Administrator may exempt a minor development or change to an existing development from design review, and he or she may exempt a proposed change to an existing building or structure from design review approval, where in his or her judgment, the proposed development or change to existing building or structure meets the spirit and intent of this Article and applicable design guidelines that apply to the proposed development.

(n)(m) Any development activity that is within the jurisdiction of the Historic Preservation

Commission and which requires a Certificate of Appropriateness according to the City’s historic preservation ordinance.

Sec. 40.4. Authority.

(a) The Zoning Administrator shall have authority to review, approve, conditionally approve, or deny design review applications.

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Sec. 40.5. When to File.

(a) All land disturbance activity, development, and building, unless otherwise exempt from the requirements of this Article, shall require the filing of a design review application as specified by this Article.

(b) In cases where design review is required, the application may be submitted

separately, in conjunction with a development permit or building permit, or concurrently with another application (e.g., rezoning, conditional use, variance) pertaining to subject development; provided, however, the applicant must prepare separate applications and meet all application requirements for each application filed. The Zoning Administrator may waive filing requirements when they would be unnecessarily duplicative.

Sec. 40.6. General Requirements.

(a) For any development, building, structure, or activity to which this Article applies, approval of a design plan shall be required before a building permit or other permit, as appropriate, is issued or any improvement, grading, alteration of land(s), or construction of building(s) commences.

(b) The Zoning Administrator shall not authorize ,and the Building Inspector shall not

issue, a building permit, or a certificate of occupancy, foror a development permit, building, structure, or activity subject to the requirements of this Article until a design review application has been approved as required by this Article.until all requirements of this, and any and all relevant articles pertaining to review are satisfactorily met.

(c) The Zoning Administrator shall not authorize and shall not issue a development

permit for the improvement, grading, or alteration of land until a design review application has been approved as required by this Article.

(d)(c) For any business, activity, or establishment which is required to obtain a business

registration pursuant to the Flowery Branch City Code, no such business registration shall be issued, and operation shall not commence, until the business, activity, or establishment has either received approval of a design review application request as required by this Article or has been found by the Zoning Administrator to be exempt from design plan approval.

Sec. 40.7. Initiation of Design Review ApplicationsRequest. An applicationA request for design review may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the design approval is sought. Sec. 40.8. ApplicationRequest Requirements. Applications Requests for design review shall require submittal of applicationof the following requirements specified in this Section.

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(b)(a) Application form furnished by the Zoning AdministratorWritten request, including

signed and notarized signature of property owner;

(c)(b) Legal description of the property;

(d)(c) Survey plat of the property;

(e)(d) Letter of intent describing the proposed use of the property or other action requested;

(f)(e) Site plan of the property at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements, including landscaping;

(g)(f) Statistics regarding the proposed development;

(h)(g) Description of any special conditions voluntarily made a part of the request;

(i)(h) Exterior elevation drawings drawn to scale and signed by an architect, engineer or

other appropriate professional and submitted in sufficient number of copies as required by the Zoning Administrator. Said exterior elevation drawings shall clearly show in sufficient detail the exterior appearance and architectural design of proposed change(s) to buildings or structures and new construction, as applicable. Each application shall also indicate proposed materials, textures and colors and provide samples of materials and colors. The Zoning Administrator may accept written descriptions, photographs, or other information in lieu of signed elevation drawings and color and material samples.

(j)(i) Other information as may be required by the Zoning Administrator.


(a) No design review application shall be processed by the Zoning Administrator unless it is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this Article.

(b) If the design review application does not comply with all application submittal


Sec. 40.10. Process for Design Review Applications. Complete applications for Type 1 (administrative) design review shall be considered by the Zoning Administrator and approved, conditionally approved, or denied within twenty-one (21) calendar days of the date such application was determined complete. Sec. 40.0911. Criteria for Considering Design Review ApplicationsRequest.

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The following general criteria shall be used by the Zoning Administrator in determining whether an application for design review shall be approved, conditionally approved, or denied:

(a) Consistency with any adopted design guidelines for the type of development and/or the proposed use.

(b) The nature and character of the surrounding areas, and the consistency and

compatibility of the proposed application with such nature and character.

(c) The general design, the character and appropriateness of design, scale of buildings, arrangement, texture, materials, and colors of the structure in question and the relation of such elements to similar features of structures in the immediate surrounding area, site, and landscaping.

(d) Among other grounds for considering a design inappropriate are the following

defects: character foreign to the area, arresting and spectacular effects, violent contrasts of material, color, intense or lurid colors, a multiplicity or incongruity of details resulting in a restless and disturbing appearance, and the absence of unity and coherence in composition not in consonance with the density and character of the present structure or surrounding area.

Sec. 40.12. Notice of Action. The Zoning Administrator shall notify the applicant of the action taken on design review applications no later than five (5) working days from the date the Zoning Administrator took action on said application. Sec. 40.13. Revision, Resubmission, and Reapplication.

(a) Denial of a design review application by the Zoning Administrator may be appealed as an administrative decision, in accordance with the requirements of Article 39 of this zoning ordinance; provided, however, that public notice of such an appeal shall not be required, and the appeal of a design plan decision by the Zoning Administrator shall be placed on the next regular meeting of the Governing Body.

(b) The Governing Body for good cause shall be authorized to affirm, reverse, overturn

or otherwise modify a decision of the Zoning Administrator with respect to a design plan, upon the proper filing of an appeal as required by this Article.

Sec. 40.14. Changes after Approval. After approval of a design review application, no material change in the appearance shall be made or permitted to be made by the owner or occupant thereof, unless and until all requirements of this Article are met. Swc. 40.12 . Appeals If the applicant wishes to appeal the decision of the Zoning Administrator he/she may do so in compliance of Article 39 of this ordinance.

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Article 41, Permits and Certificates Zoning Ordinance City of Flowery Branch, GA

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ARTICLE 41

PERMITS AND CERTIFICATES Sec. 41.1. Development Permit. Sec. 41.2. Exemptions from Development Permit. Sec. 41.3. Application for Development Permit. Sec. 41.4. Review and Issuance of Development Permit. Sec. 41.5. Duration of Validity of Development Permit. Sec. 41.6. Building Permit. Sec. 41.7. Building Permit Application Requirements. Sec. 41.8. Certificate of Occupancy. Sec. 41.1. Development Permit.

(a) A development permit shall be required for any proposed use of land(s) or building(s), to indicate and insure compliance with all provisions of this Zoning Ordinance and any and all other relevant requirements as mandated by the City, State, or Federal government before any building permit is issued or any improvement, grading or alteration of land(s) or building(s) commences, except as exempted by this Article.

(b) A development permit shall be required to authorize all activities associated with

development activity, including, but not limited to, clearing and grubbing, grading, and the construction of such improvements as streets, surface parking areas and drives, stormwater drainage facilities, sidewalks, or other structures permanently placed on or in the property except for buildings, signs, or other structures requiring the issuance of a building permit.

Sec. 41.2. Exemptions from Development Permit. A development permit shall not be required for individual structures within approved subdivisions, nor shall a development permit be required for a detached, single-family dwelling unit on an individual lot not part of an approved subdivision or development. Sec. 41.3. Application for Development Permit. Any person seeking development activity on land within the city shall first submit to the Zoning Administrator an application for a development permit, including civil design and construction drawings. All applications for a development permit shall be made to the Zoning Administrator and shall be accompanied by three (3) complete sets of plans drawn to scale, signed and stamped by a engineer registered in Georgia who has authority to produce such plans, with his or her address. Applications shall be made in accordance with application requirements specified by the Zoning Administrator. Sec. 41.4. Review and Issuance of Development Permit (Also review fee schedule).

(a) The Zoning Administrator and City Engineer shall review the application for development permit, and upon completion of the review, one copy of such plans shall be returned to the owner along with notice of a decision to approve or deny the development permit. All development permits shall be issued by the Zoning

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Administrator, who shall in no case grant any development permit for the use, construction or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of any of the provisions of this zoning ordinance. The Zoning Administrator may issue development permits without being responsible for ensuring that the development complies with other applicable state or federal laws, unless specifically stated otherwise in this zoning ordinance.

(a) If the development permit is denied, the Zoning Administrator shall state in writing

the reason for the denial and the applicant shall be notified of the denial. A record of all development permits shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person. Submittal Requirements

1. Fees are due at time of submittal 2. Submittal form is due every time plans are submitted 3. 3 sets of plans are required 4. A flash drive containing all plans in .pdf format is required at every submittal 5. Applicant is responsible for acquiring all outside agency approvals 6. Plans are accepted at City Hall M-F between the hours of 8:00-4:00 7. Resubmittals shall include City and engineering comments with a narrative

explaining how each comment has been addressed 8. Types of plans required - Article 6, Section 606 of the FB Code of Ordinances 9. Plans must be prepared by a professional per Article 6, Section 607

(b) Review Procedures 1. Time

of review 2. Initial

comments shall be sent via e-mail within 21 days 3. Applic

ant has 21 days to re-submit after comments are sent 4. Each

subsequent review will have the same 21 day time line 5. Numbe

r of Reviews 6. 3 re-

submittals will be allowed 7. If

project is not approved after 3 re-submittals it is considered void 8. and

the process will start over 9. Coordi

nation 10. All

submittals shall come directly to Flowery Branch 11. All

review comments shall be sent from Flowery Branch 12. Any

requested meetings with the City engineer of record will be 13. schedu

led and approved by City staff


1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:




0.75" + Indent at: 1.25"

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303

14. Any questions regarding the review shall be submitted to City staff via

15. e-mail (b)

Sec. 41.5. Duration of Validity of Development Permit. A development permit shall expire two one (21) years year- after its issuance, subject to the following provisions: if the work described in any development permit has not been begun within one hundred twenty (120) days from the date of issuance thereof, said permit shall expire, and if work described in any development permit has not been substantially completed or showing significant and consistent progress towards completion within two one (21) years of the date of issuance thereof, said permit shall expire. Written notice of the expiration shall be given to the persons affected, only if the permit is being revoked prior to the two-year expiration date. Sec. 41.6. Building Permit.

(a) The Building Inspector is hereby authorized to issue building permits in accordance with all provisions of this zoning ordinance and only after the Zoning Administrator has issued a development permit or if no development permit is required, after review of said building permit for compliance with the provisions of this zoning ordinance.

(b) No building, or other structure shall be erected, moved, extended or enlarged, or

structurally altered, nor shall any excavation, grading, or filling of any lot for the construction of any building or structure be commenced until the Building Inspector has issued a building permit for such work in conformity with the provisions of this zoning ordinance.

(c) Approval of a building permit shall require an application to the Building Inspector as

specified in the building and related codes of the city. If the building permit is denied, the Building Inspector shall state in writing the reason for the denial and the applicant shall be notified of the denial. A record of all building permits shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person.

(d) Any building permit issued shall become invalid unless the work authorized by it shall

have been commenced within one-hundred-twenty (120) days of its date of issue, or if the work authorized by it is suspended or abandoned for a period of six (6) months.

Sec. 41.7. Building Permit Application Requirements. Each application for a building permit shall be accompanied by dimensioned plans showing:

(a) The dimensions of the lot to be built upon (plat); (b) The size and the overall building height of the building to be erected;

(c) The proposed use or uses and the location of the building or buildings on the lot;


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(c)(d) All design review requirements per Article 40 of this Ordinance and any and all other design requirements as dictated throughout this Ordinance, and;

(d)(e) Such other information as may be essential for determining whether the provisions of

this zoning ordinance are being observed. Sec. 41.8. Certificate of Occupancy.

(a) A certificate of occupancy issued by the Building Inspector is required in advance of occupancy or use, any building or structure hereafter erected, or a change in the use of an existing building or structure.

(b) A certificate of occupancy, either for the whole or part of a building or use, shall be

issued within ten (10) days after the erection or structural alterations of such building, or part, or use established. Work shall be completed in conformity with the provisions of this zoning ordinance. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this zoning ordinance.

(c) If the certificate of occupancy is denied, the Building Inspector shall state in writing

the reason for the denial and the applicant shall be notified of the denial. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person.

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Article 42, Administration Zoning Ordinance City of Flowery Branch, GA

304

ARTICLE 42

ADMINISTRATION Sec. 42.1. Fees. Sec. 42.2. Right to Inspect. Sec. 42.3. Zoning Administrator. Sec. 42.1. Fees. From time to time, the Governing BodyCity Council may adopt fees for the issuance of permits, the submission of applications, the provision of inspections, and such other activities and authorizations as regulated by this zoning ordinance. Sec. 42.2. Right to Inspect. No person shall refuse entry or access to the Zoning Administrator or any authorized representative or agent of the City, including inspections personnel of the City, who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. Sec. 42.3. Zoning Administrator. The Zoning Administrator shall have all the necessary powers explicitly provided or reasonably implied in connection with the administration of this zoning ordinance., including but not limited to those enumerated in this Section. Where such provisions indicate the Zoning Administrator has the authority to review and approve a given application or activity, said authority shall also include the denial of such application or activity.

(a) Schedules. To adopt schedules of dates, times and places as appropriate and necessary for the processing of applications established by this zoning ordinance.

(b) Administrative Procedures and Forms. To prepare administrative procedures,

guidelines, application forms, to tend to other administrative details not inconsistent with the provisions of this zoning ordinance, and to implement the provisions of this zoning ordinance.

(c) Development Permits.. To review and approve or deny development permits and

issue or refuse to issue development permits in accordance with this zoning ordinance.

(d) Design Review. To review and approve design plan applications in accordance with

this zoning ordinance.

(e) Nonconforming situations. To compel an applicant to completely correct or reduce the noncompliance of nonconforming situations, pursuant to authority and subject to the limitations of this zoning ordinance.

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(f) Modify and extend application requirements. To waive certain requirements, and to require additional information be submitted, for applications submitted pursuant to this zoning ordinance.

(g) Recommendations on applications. To provide recommendations on rezoning,

conditional use, and variance applications to the Governing BodyCity Council, as may be appropriate, and as authorized in this zoning ordinance.

(h) Administrative variances. To grant administrative variances as authorized in this

zoning ordinance.

(i) Inspections and investigations. To conduct such investigations as he or she may reasonably deem necessary to assure or compel compliance with the requirements and provisions of this zoning ordinance, even if such responsibilities are delegated to code enforcement officers or other administrative or enforcement officers of the City.

(j) Enter property. To enter at reasonable times upon any property for purposes of

investigation, inspection and enforcement.

(k) Enforcement. To enforce any and all provisions of this zoning ordinance.

(l) Delegation. To delegate the functions and responsibilities of the Zoning Administrator’s position to other personnel.

(m) Interpretation. To interpret the provisions of this zoning ordinance.

(n) Maintain official zoning maps and overlay zone maps. To maintain and update the

Official Zoning Map of the City, and if adopted, overlay zone maps.

(o) Determine zoning boundaries. To determine the location of the boundary of zoning districts when the exact location cannot be determined.

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Article 43, Enforcement and Penalties Zoning Ordinance City of Flowery Branch, GA

306

ARTICLE 43

ENFORCEMENT AND PENALTIES Sec. 43.1. Generally. Sec. 43.2. Stop Work Order. Sec. 43.3. Notice of Violation. Sec. 43.4. Content of Notice of Violation. Sec. 43.5. Failure of Remedial Measures. Sec. 43.6. Withholding or Revocation of Certificate of Occupancy. Sec. 43.7. Suspension, Revocation or Modification of Permit. Sec. 43.8. Denial of Additional Permits. Sec. 43.9. Suspension or Revocation of Business Registration. Sec. 43.10. Withholding of Utility Service. Sec. 43.11. Penalty Assessed Administratively. Sec. 43.12. Citation. Sec. 43.13. Civil Penalties. Sec. 43.1. Generally. Any action or inaction which violates the provisions of this zoning ordinance or the requirements of an approved site plan or permit may be subject to any or all of the enforcement actions and remedies described in this Article. Sec. 43.2. Stop Work Order.

(a) The Zoning Administrator or other enforcement official of the city upon learning or discovering a violation of this zoning ordinance or any approved site plan or permit issued pursuant to this zoning ordinance may immediately issue a stop work order which shall be posted on the job site and mailed to the applicant shown on the permit or approved site plan.

(b) The stop work order shall remain in effect until the applicant or other responsible

person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

Sec. 43.3. Notice of Violation. Prior to or concurrent with the issuance of a Stop Work Order, if the Zoning Administrator, or other officer responsible for inspection and enforcement of the terms of this zoning ordinance determines that an applicant or other responsible firm, person or corporation has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this zoning ordinance, said officer shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this zoning ordinance without having first secured the appropriate permit there for, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

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Sec. 43.4. Content of Notice of Violation. Notices of violation shall contain the following:

(a) The name and address of the owner or the applicant or the responsible person;

(b) The address or other description of the site upon which the violation is occurring;

(c) A statement specifying the nature of the violation;

(d) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this zoning ordinance and the date for the completion of such remedial action, and a date set forth for completion of remedial measures, after which further enforcement action will be taken; and

(e)(d) A statement of the penalty or penalties that may be assessed against the person to

whom the notice of violation is directed. Sec. 43.5. Failure of Remedial Measures. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more actions or penalties described in this Article as appropriate may be taken or assessed against the person to whom the notice of violation was directed. Sec. 43.65. Withholding or Revocation of Certificate of Occupancy. The Building Inspector or any other enforcement officer of the City may at any time refuse to issue, or revoke, a certificate of occupancy for the building or other improvements constructed or being constructed on the site in violation of this zoning ordinance until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. Sec. 43.76. Suspension, Revocation or Modification of Permit. The Zoning Administrator or other enforcement officer of the City may suspend, revoke or modify any permit or approval authorizing an activity or land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the enforcement officer may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations. Sec. 43.87. Denial of Additional Permits. The City is authorized and directed to deny and withhold permits or permissions on any new project or application pursuant to this zoning ordinance where the applicant, applicant's business or agent has failed or refused to comply with this zoning ordinance.

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Sec. 43.98. Suspension or Revocation of Business Registration. The City may revoke business registrations, work permit or other authorization for the unlawful conduct of any activities within the jurisdictional boundaries of the City. Sec. 43.109. Withholding of Utility Service. Any enforcement officer of the City may request or direct any utility service provider to withhold utility service to any property on which a violation is alleged to have occurred. Sec. 43.1110. Penalty Assessed Administratively. The City of Flowery Branch through authorized enforcement personnel may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremediated after receipt of the notice of violation. Sec. 43.1211. Citation. Any enforcement officer of the City shall have authority to issue citations and to prosecute violations before a court of competent jurisdiction. Sec. 43.1312. Civil Penalties. Any person, firm or corporation violating, neglecting or refusing to comply with any of the provisions of this zoning ordinance, or any site plan approval or permit issued pursuant to this zoning ordinance shall be guilty of a misdemeanor. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance. Any violation of any such provision of this zoning ordinance shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by a combination of such punishments. Each day any violation of this zoning ordinance shall continue shall constitute a separate offense.

79

STATE OF GEORGIACOUNTY OF HALLCITY OF FLOWERY BRANCH

Public Hearing Published April 3, 2018 First Reading August 16, 2018Public Hearing May 3, 2018 Passed September 6, 2018

ORDINANCE NO.348-18

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FLOWERY BRANCH, GEORGIA, ORDINANCE NO. 348, TO STRIKE THE FOLLOWING ARTICLES: 24, 34, 38, 39, 40, 41 ,42 AND 43. REPLACING THEM WITH NEW ARTICLES WITH THE SAME TITLES AND NUMBERS AS SHOWN ON ATTACHED EXHIBIT “A”; PROVIDING FOR SEVERABILITY, REPEALING CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL PURPOSES.

WHEREAS, the Zoning Ordinance of the City of Flowery Branch, Georgia, authorizes the amendment of the text of the City of Flowery Branch Zoning Ordinance by the City Council; and

WHEREAS, the Zoning Administrator is authorized, pursuant to Section 33.2 of the Zoning Ordinance, to initiate an amendment to the zoning ordinance for consideration by the City Council; and

WHEREAS, the City’s adopted comprehensive plan includes an intent to implement the adopted redevelopment plan for Old Town by redeveloping obsolete housing units and attracting new housing in Old Town and nearby neighborhoods; and

WHEREAS, it is in the public interest to update existing codes; and

WHEREAS, the changes to the code enhance the health, safety, and overall general welfare of the citizens of Flowery Branch; and

WHEREAS, the City has complied with the Zoning Procedures Law and the requirements of Article 33 of the Zoning Ordinance with regard to text amendments, including the holding of an advertised public hearing; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS THAT THE FLOWERY BRANCH ZONING ORDINANCE IS AMENDED AS FOLLOWS:

SECTION 1. AMENDMENT.

Strike Articles 10, 11, 13,16, 18, and 21 replacing them with the new Articles as shown Exhibit “A”.

SECTION 2. SEVERABILITY.80

Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.

SECTION 3. EFFECTIVE DATE.

The effective date of this Ordinance shall be upon approval by the City Council of the City of Flowery Branch, Georgia.

SECTION 4. REPEALER.

All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.

Approved this 6th day of September 2018.

___________________________James “Mike” Miller, Mayor

ATTEST:

________________________________Melissa McCain, City Clerk

APPROVED AS TO FORM:

________________________________E. Ronald Bennett, Jr., City Attorney

81

STATE OF GEORGIA

COUNTY OF HALL

CITY OF FLOWERY BRANCH

Public Hearing Published April 3, 2018 First Reading August 16, 2018

Public Hearing May 3, 2018 Passed September 6, 2018

ORDINANCE NO.348-18

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF

FLOWERY BRANCH, GEORGIA, ORDINANCE NO. 348, TO STRIKE THE

FOLLOWING ARTICLES: 24, 34, 38, 39, 40, 41 ,42 AND 43. REPLACING THEM WITH

NEW ARTICLES WITH THE SAME TITLES AND NUMBERS AS SHOWN ON

ATTACHED EXHIBIT “A”; PROVIDING FOR SEVERABILITY, REPEALING

CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL PURPOSES.

WHEREAS, the Zoning Ordinance of the City of Flowery Branch, Georgia, authorizes the

amendment of the text of the City of Flowery Branch Zoning Ordinance by the City Council; and

WHEREAS, the Zoning Administrator is authorized, pursuant to Section 33.2 of the Zoning

Ordinance, to initiate an amendment to the zoning ordinance for consideration by the City Council;

and

WHEREAS, the City’s adopted comprehensive plan includes an intent to implement the adopted

redevelopment plan for Old Town by redeveloping obsolete housing units and attracting new

housing in Old Town and nearby neighborhoods; and


WHEREAS, the changes to the code enhance the health, safety, and overall general welfare of the

citizens of Flowery Branch; and

WHEREAS, the City has complied with the Zoning Procedures Law and the requirements of

Article 33 of the Zoning Ordinance with regard to text amendments, including the holding of an

advertised public hearing; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH

HEREBY ORDAINS THAT THE FLOWERY BRANCH ZONING ORDINANCE IS

AMENDED AS FOLLOWS:


Strike Articles 10, 11, 13,16, 18, and 21 replacing them with the new Articles as shown Exhibit

“A”.

SECTION 2. SEVERABILITY. 82

Should any section or provision of this Ordinance be declared invalid or unconstitutional by any

court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as

a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.


The effective date of this Ordinance shall be upon approval by the City Council of the City of

Flowery Branch, Georgia.


All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of

the conflict.


___________________________

James “Mike” Miller, Mayor

ATTEST:

________________________________

Melissa McCain, City Clerk


________________________________

E. Ronald Bennett, Jr., City Attorney

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EXECUTIVE SUMMARY

SUBJECT: Consider Consumption on the Premises Beer License for Rope Drop LLC DBA Beer Me


HISTORY:On May 5, 2018 Marc Stampfli, owner of Beer Me, submitted an application for the Growler Package Store Licenseand a temporary license was approved by council on May 17, 2018. This temporary license was requested early fromthe business owner so as to apply to the State license and have it approved and ready to go before opening.

FACTS AND ISSUES:Since the City has created the Downtown Dining District the owners of Beer Me would like to take advantage of theconsumption on the premises license noting that there is no food requirement in this downtown dining district.

The owners have worked with Councilman Mundy and City Staff to come up with a unique type of establishment for thenew downtown district. The business will operate as a bar serving their craft beers in one section and as per StateCode, will have a separate sectioned off retail area where they can sell packaged beer as well as already prefilled sealedgrowlers. With this model, and to comply with State and Flowery Code, Growlers will no longer be allowed to be filled and sold inthe bar area but patrons can purchase already filled and sealed growlers from the retail room of the establishment.

OPTIONS:Approve Deny and only authorize growler package sales.



RECOMMENDATION:Approve

SAMPLE MOTION: No motion needed - included on the consent agenda

COLLABORATING DEPARTMENT: 84

DEPARTMENT: Administration


ATTACHMENTS

85


EXECUTIVE SUMMARY

SUBJECT: Consider Intergovernmental Agreement with Hall County for E-911 Services


HISTORY:The City has an active agreement that was entered into on November 2013.

FACTS AND ISSUES:The new agreement is exactly the same as the prior except that the line that reads "Fees may be charged to the city foradditional services as deemed appropriate, fair and mutually agreeable" has been removed.

OPTIONS:



RECOMMENDATION:Approve and authorize the Mayor to execute said agreement

SAMPLE MOTION:




ATTACHMENTS Executive Summary IGA

86



FLOWERY BRANCH CITY COUNCIL EXECUTIVE SUMMARY SUBJECT: IGA with Hall County for E-911 Services DATE: September 13, 2018 BUDGET INFORMATION: None

( ) RECOMMENDATION ( ) POLICY DISCUSSION ( ) STATUS REPORT ( X ) OTHER

CITY COUNCIL ACTION REQUESTED ON: September 20, 2018

PURPOSE: To renew the Intergovernmental Agreement with Hall County Public Safety for E-911 Services.

HISTORY: The City has a current agreement that was signed November 2013 and has an expiration of November 2016 or until both parties mutually agree to terminate.

FACTS AND ISSUES: During 2018 the Georgia General Assembly passed HB751 which requires, as of January 1, 2019, all 9-1-1 fees collected by phone carriers to be submitted to the Georgia Emergency Communications Authority (GECA). GECA, in turn, will contract with the Georgia Department of Revenue for administration and disbursement of the 9-1-1 fees collected from these phone carriers. This legislation would further require the emergency 9-1-1 system to be a county wide service unless a municipality within that county also has its own system. Any emergency calls received by a county will be required to be directed to the appropriate public safety personnel, no matter whether county or city personnel. Counties will also be prohibited from charging fees or charges to cities for emergency call and connection services. The County is requesting a new IGA to reflect the new changes in the law. The new agreement is exactly the same as the prior agreement except a line has been removed that reads as follows: “Fees may be charged to the city for additional services as deemed appropriate, fair, and mutually agreeable.”

OPTIONS:

RECOMMENDED SAMPLE MOTION: I make a motion to approve the IGA between Hall County and the City of Flowery Branch for E-911 services and authorize the mayor to execute said agreement. DEPARTMENTS: City Clerk Executive Summary Prepared by: Melissa McCain

87


EXECUTIVE SUMMARY

SUBJECT: Consider Contract with Triteck Software for E-911 Calls for Service Information


HISTORY:See attached Executive Summary

FACTS AND ISSUES:See attached Executive Summary

OPTIONS:

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: Yes

AMOUNT AND SOURCE OF FUNDS:$3557.40 100-2650-60-53110 - Court software and support


SAMPLE MOTION: I make a motion to approve the contract with Tritec Systems and authorize the mayor to execute said document.

COLLABORATING DEPARTMENT: Police

DEPARTMENT: Police


ATTACHMENTS Executive Summary Tritech.pdf

90


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/241308/Tritech.pdf


EXECUTIVE SUMMARY

SUBJECT: Tritech Software Systems End User Agreement DATE: Sept. 20, 2018 ( X ) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- $3,557.40 ( ) OTHER CAPITAL- 0 COUNCIL ACTION REQUESTED ON: Council approval to enter into software end user agreement. PURPOSE: To allow the City Police Department to send and receive mobile data and “calls for service information” through the Hall County E911 Center.

HISTORY: Traditional dispatching historically has been via oral communications through the E911 Communications Center. County wide growth has driven increasing numbers of emergency personnel most often competing for air time to receive and respond to calls for service. It has become common place for emergency personnel to have to wait in line to transmit or receive emergency radio traffic. More than 1 year ago the City stopped receiving $900.00 monthly invoices from Hall County for use of their equipment. This was done to facilitate the fees expected to be paid to Tritech and as a reflection of the value of mobile data dispatching. Funding is provided for in the current annual budget. FACTS AND ISSUES: Mobile data transfer via in car computers significantly reduces the need to compete for air time (much like old party line phone systems). It facilitates direct call receipt from the E911 Center and direct response without interference from other emergency personnel who might be working. Officers see the call as it is coming into the system in real time. OPTIONS: 1. Authorize the Mayor to execute the agreement between the City of Flowery Branch and Tritech. 2. Do nothing and continue with the current dispatch system. 3. Investigate the purchase and development of a dispatch center with the City of Oakwood (Initial outlay more than 1,000,000) RECOMMENDED SAMPLE MOTION: I make a motion to approve the contract with Tritech Software Systems and authorize the Mayor to execute said document.

DEPARTMENT: City of Flowery Branch Police Department Prepared by: David Spillers

91


EXECUTIVE SUMMARY

SUBJECT: Strategy for the Implementation of the Carl Vinson Institute of Government's Classification andCompensation Plan for the City of Flowery Branch


HISTORY:The August 2018 Plan is an updated version of the 2017 Report. Mayor Miller requested at the last Council Meetingfor this item to be brought up for consideration.

FACTS AND ISSUES:How to pay for the implementation of this study is discussed in the memo from Alisha Gamble, which was emailed out tothe Council on 9/13/18.

OPTIONS:A budget amendment would be required in order to implement this study.


AMOUNT AND SOURCE OF FUNDS:See the attached memo from Alisha Gamble for details.

RECOMMENDATION:Create an action plan for implementing the Carl Vinson Institute of Government's Classification and Compensation Planfor the City of Flowery Branch

SAMPLE MOTION:

COLLABORATING DEPARTMENT: Finance



ATTACHMENTS FINAL August 2018 Flowery Branch Report.pdf FINAL Updated Flowery Branch Payroll Information - August 2018.pdf 97

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/241286/FINAL_August_2018_Flowery_Branch_Report.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/241287/FINAL_Updated_Flowery_Branch_Payroll_Information_-_August_2018.pdf

Funding Salary Study Implementation Memo to Council 9-13-2018.pdf Family Coverage Insurance Costs Analysis Memo to Council 9-13-2018.pdf

98

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/241288/Funding_Salary_Study_Implementation_Memo_to_Council_9-13-2018.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/241289/Family_Coverage_Insurance_Costs_Analysis_Memo_to_Council_9-13-2018.pdf

Assessing Budget Reduction Alternatives for the Georgia Veterinary Diagnostic Laboratory System

99

Table of Contents

Introduction .....................................................................................................................................1

Position Descriptions .......................................................................................................................3

Classification Plan .......................................................................................................................... 4

Salary Surveys ................................................................................................................................ 6

Compensation Plan ......................................................................................................................... 9

Cost of Implementation .................................................................................................................14

Appendix A: Sample Job Description

Appendix B: Position/Grade Analysis by Department

Appendix C: Position/Grade Analysis by Grade

Appendix D: 2018 Local Government Salary Survey Summary

Appendix E: Bureau of Labor Statistics Salary Survey Summary

Appendix F: American Water Works Association Salary Survey Summary

100

1

Introduction

At the request of the City of Flowery Branch, the Strategic Operations and Planning

Assistance (SOPA) Division of the Carl Vinson Institute of Government at the University of

Georgia entered into an agreement with the city for developing a new classification and

compensation plan for all positions covered under the city’s personnel plan. The objectives of the

new classification and compensation plan were to:

1. Develop new descriptions for all positions.

2. Develop a new classification system by using a point-factor-comparison job evaluation

system to rank jobs and measure differences in job content.

3. Collect and analyze wage survey data.

4. Analyze and format the wage survey data for use in establishing competitive pay levels

and develop a recommended compensation plan.

5. Train administrative personnel from the City of Flowery Branch in each component of

the classification and compensation plan development to ensure the implementation

and maintenance of the system.

The process used to collect the necessary data and to develop the new system for all

positions covered under the city’s personnel plan consisted of several steps or phases. The first

step involved the Institute of Government conducting a project orientation via telephone with

administrative staff from the City of Flowery Branch.

After the orientation session, administrative staff from the City of Flowery Branch

distributed a position description review form to employees. The review form permitted

employees to review their existing descriptions for accuracy and completeness.

Position description questionnaires were also provided to employees. The position

description questionnaire covered major aspects of the employee’s position as well as the

working conditions of their job. After reviewing all of the completed forms and questionnaires,

representatives from the Institute of Government interviewed position incumbents either 101

2

individually or in small groups. The purpose of the interviews was to verify and supplement

information on the submitted materials.

The Institute of Government used the collected job activity data to develop new

descriptions for all positions within the City of Flowery Branch. After developing the

descriptions, the Institute of Government created a classification plan to group together similar

positions for pay purposes. The Institute of Government evaluated each position utilizing an

adapted version of the Factor Evaluation System (FES) in order to assign each position to a

salary grade for the purpose of establishing pay differentials among positions.

The next phase of the project was to collect and analyze a variety of salary survey data in

order to make assessments about the compensation paid by other organizations. Salary survey

sources included customized data collected by the Institute of Government specifically for this

project as well as published data from the American Water Works Association (AWWA),

Bureau of Labor Statistics, International City/County Management Association (ICMA), and the

State of Georgia’s Department of Community Affairs. A description and analysis of all of the

salary surveys is contained in the salary survey section of the report. Appendices D through F

provide the summarized results of each salary survey.

Finally, the Institute of Government utilized the salary survey data (and classification

plan) to design two unique compensation plans for the City of Flowery Branch. Even after

completion of all these phases, it may be necessary to review and revise the recommendations

outlined in the report with appropriate administrators from the City of Flowery Branch. It is the

intention of the Institute of Government to continue to provide a high level of technical

assistance in this process.

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Position Descriptions

The Institute of Government developed new descriptions for each position in the City of

Flowery Branch. A position description summarizes the most important features of the position.

The information provided on a position description includes an overview of the general nature of

the work, specific duty responsibilities, scope and effect, working conditions, and suggested

minimum qualifications. The Institute of Government developed twenty-eight (28) position

descriptions for the project. Appendix A provides an example of a position description for a

Police Officer.

The process used to collect the necessary data and to develop the position descriptions

involved the distribution of a questionnaire and a position description review form to City of

Flowery Branch employees. The forms and questionnaires collected and verified information

about major aspects of an employee’s position such as their major duties, knowledge

requirements, work environment, and supervisory responsibility.

All of the completed forms and questionnaires were submitted to the Institute of

Government for analysis and review. The Institute of Government interviewed select jobholders

for each existing City of Flowery Branch position. The purpose of the interviews was to improve

understanding of each position and to confirm that the content of the submitted forms and

questionnaires were correct. Additionally, the interview process helped increase employee

participation and understanding of the classification and compensation study process.

After the completion of the employee interviews, technical writers from the Institute of

Government utilized the collected position activity information to develop the position

descriptions. The final step of the position description process will be to verify the accuracy and

content of the descriptions. Verification will permit select jobholders and supervisors to review

and determine whether the proposed position descriptions are accurate and complete. 103

4

Classification Plan

The Institute of Government developed twenty-eight (28) position classifications for the

City of Flowery Branch. Each position classification is assigned to one of fifteen (15) salary

grades. Grade nine (9) is the lowest grade and grade twenty-three (23) is the highest salary grade.

Each salary grade has a pay range associated with it. The pay ranges will be reviewed in a later

section of the report. Appendix B displays all of the position titles (classifications) and grades

sorted by department. Appendix C displays all of the position titles (classifications) sorted by

salary grade.

The salary grade assignment for each position was determined by evaluating each

position. The Institute of Government utilized an adapted version of the Factor Evaluation

System (FES) to evaluate each job classification. FES was originally developed by the Civil

Service Commission (now the Office of Personnel Management) of the federal government. FES

is a point-factor-comparison job evaluation system which is the most commonly used job

evaluation approach for public and private sector organizations in the United States and Europe.

There are three common features in point-factor systems: (1) compensable factors, with (2)

factor degrees numerically scaled, and (3) weights reflecting the relative importance of each

factor.

The nine compensable factors that FES originally used to evaluate jobs are: Knowledge

Required by the Position, Supervisory Controls, Guidelines, Complexity, Scope and Effect,

Personal Contacts, Purpose of Contacts, Physical Demands, and Work Environment. In order to

adapt it to this organization, a tenth compensable factor covering supervisory responsibility was

added by the Institute of Government. All of the factors are weighted (i.e., Knowledge Required

by the Position "counts more" than Physical Demands). Each factor has several levels, and each

104

5

level is assigned a specified number of points. Table I summarizes key characteristics of the

system.

Table I: Adapted Factor Evaluation System (FES) Characteristics

Factor

No. of

Levels

Minimum

Factor

Points

Maximum

Factor

Points Weight*

Knowledge Required by the Position 9 50 1850 36.06%

Supervisory Controls 5 25 650 12.67%

Guidelines 5 25 650 12.67%

Complexity 6 25 450 8.77%

Scope & Effect 6 25 450 8.77%

Personal Contacts 4 10 110 2.14%

Purpose of Contacts 4 20 220 4.29%

Physical Demands 3 5 50 0.97%

Work Environment 3 5 50 0.97%

Supervisory Responsibility 7 50 650 12.67%

*Weight based on maximum point allocations for each factor.

The combined score on all the factors determines the total number of points for each

position and its assignment to a salary grade in the classification plan. Table II provides a

detailed example of the evaluation for a Police Officer position.

Table II: Classification Evaluation Example

-------- -------- -------- -------- -------- -------- -------- --------

JOB TITLE LEVEL PTS LEVEL PTS LEVEL PTS LEVEL PTS

===================================== ========================================================

Police Officer 5 750 3 275 2 125 2 75

FACTOR 3FACTOR 1

KNOWLEDGE

REQUIRED

FACTOR 2

SUPERVISORY

CONTROLSGUIDELINES

FACTOR 4

COMPLEXITY

---------- -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- --------

LEVEL PTS LEVEL PTS LEVEL PTS LEVEL PTS LEVEL PTS LEVEL PTS TOTAL GRADE

======================================================================================================

2 75 3 60 3 120 3 50 3 50 1 50 1630 15

PERSONAL

CONTACTS

FACTOR 8

PHYSICAL

DEMANDS

SCOPE &

EFFECT

FACTOR 6 FACTOR 9

WORK

ENVIRONMNT

FACTOR 10

SUPERVISORY

RESPONSBLTY

FACTOR 5 FACTOR 7

PURPOSE OF

CONTACTS

105

6

Salary Surveys

The Institute of Government conducted a series of salary surveys for this project in order

to assess the compensation paid by other comparable employers. A variety of salary surveys

were included in this process to ensure that the data is represented from multiple industry sectors

and as a method to cross-check or “validate” the results of each salary survey.

The first salary survey involved collecting salary survey information from counties and

municipalities within the relevant labor market for the City of Flowery Branch. Salary survey

summary results for the fourteen (14) benchmark positions from fourteen (14) select counties

and municipalities are presented in Appendix D. A benchmark position is a standard position that

is used as a reference point for making compensation decisions.

The salary survey summary results for this survey were primarily derived from the

Georgia Department of Community Affairs wage and salary database. The Department of

Community Affairs (DCA) administers an annual wage and salary survey to Georgia's local

governments. The survey collects a variety of compensation data for over 160 different local

government jobs. Furthermore, the Institute of Government collected compensation data

specifically for this project from select counties and municipalities who did not participate or

provided incomplete information to the Department of Community Affairs. Table III (page 7)

displays the organizations included from the survey.

Salary survey summary results presented in Appendix E were derived from the Bureau of

Labor Statistics Metropolitan and Nonmetropolitan Area Occupational Employment and Wage

Estimates. The Bureau of Labor Statistics conducts a semi-annual mail survey designed to

produce estimates of employment and wages for specific occupations by geographic area.

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7

Table III: Local Government Compensation Survey Population Group

Organization

DCA

Population

Group

2016

Estimated

Population

Part-Time

Employees

Full-time

Employees

City of Flowery Branch D 7,073 N/A N/A

Counties

Forsyth County A 221,009 177 1,304

Hall County A 196,637 198 1,321

Barrow County B 77,126 27 410

Jackson County B 64,615 269 404

Municipalities

City of Duluth B 29,331 24 141

City of Gainesville B 40,000 250 630

City of Suwanee C 19,421 6 95

City of Winder C 15,777 N/A N/A

City of Braselton D 10,234 N/A N/A

City of Commerce D 6,788 42 75

City of Cumming D 6,225 0 144

City of Norcross C 16,787 11 102

City of Oakwood E 4,161 0 21

City of Helen G 542 13 24

The summarized results of the benchmark positions presented in Appendix E are

calculated with data collected from employers in all industry sectors in the Atlanta-Sandy

Springs-Roswell, GA metropolitan area and the Gainesville, GA metropolitan area. These areas

are defined as: Barrow County, Bartow County, Butts County, Carroll County, Cherokee

County, Clayton County, Cobb County, Coweta County, Dawson County, DeKalb County,

Douglas County, Fayette County, Forsyth County, Fulton County, Gwinnett County, Hall

County, Haralson County, Heard County, Henry County, Jasper County, Lamar County,

Meriwether County, Morgan County, Newton County, Paulding County, Pickens County, Pike

County, Rockdale County, Spalding County, and Walton County. The information on this survey 107

8

helped assess the competitiveness of the City of Flowery Branch’s salaries to the broader labor

market (all industry sectors) within these areas.

National salary information for six (6) benchmark positions at small and medium utilities

was derived from the 2015 American Water Works Association Water Utility Compensation

Survey. This survey is published by the American Water Works Association (AWWA). The

survey provides national compensation and employment data from small and medium

city/county owned utilities comparable to the City of Flowery Branch. The information on this

survey helped assess the competitiveness of pay for water and wastewater positions from the

City of Flowery Branch to their national counterparts. Appendix F displays the summarized

results of this survey.

108

9

Compensation Plan

The Institute of Government developed two compensation plans for the City of Flowery

Branch’s consideration. The proposed compensation plans developed for the City of Flowery

Branch are based on an internal value system reflected in the proposed classification plan and on

a series of salary surveys to help ensure an externally equitable wage and salary structure.

Table IV displays the key characteristics of the City of Flowery Branch’s proposed

compensation plans. Table VI (see page 12) displays the proposed salary and wage structure for

the grade and step time in position compression plan. Table VII (see page 13) displays the

proposed salary and wage structure for the grade and step quartile time in position compression

plan.

Table IV: Compensation Plan Characteristics

Compensation Plan Labor Market

Position Pay- Level Policy

Salary Structure

Design

Grade & Step Time in

Position Compression

Plan (Table VI)

Approximately at

the median

minimum salary for

positions (Grade 22

– 23) in the local

labor market

&

Approximately at

3rd quartile

minimum salary for

positions (Grade 9

– Grade 21) in the

local labor market

Match & Lead

Grade & Step (20

Steps @ 1.75%

Increments)*

Grade & Step Quartile

Time in Position

Compression Plan (Table

VII)

Match & Lead

Grade & Step (20

Steps @ 1.75%

Increments)

*The steps on the proposed grade and step time in position compression plan are designed to be

linked to an employee’s time in their current position.

The wage and salary structure on Table VI and Table VII employs a grade and step

design. The advantage of this design is an emphasis on internal equity, predictable salary

109

10

increases for employees, and transparency. The disadvantages of this wage and salary structure

are difficulties associated with rewarding individual performance/qualifications (individual

equity) and limits on managerial flexibility in setting wages.

The grade and step compensation plan has fifteen (15) salary grades (grade 9 to grade

23). The wage and salary structure has grades with differentials in pay for each grade ranging

from approximately 5.5% to 16.50%. The pay range for each grade on the wage and salary

structures is approximately forty (40%) percent. Each grade on the wage and salary structures

has twenty (20) steps placed at one and seventy-five hundredths percent (1.75%) intervals.

The value of the step intervals on these structures is based on the employment cost index

(ECI) for wages and salaries for state and local government workers. The ECI is calculated by

the Bureau of Labor Statistics and is a quarterly measure of change in compensation costs. For

the 12-month period ending March 2018, the wages and salaries for state and local government

workers increased 1.8%.¹ For the 24-month period ending March 2018, the wages and salaries

for state and local government workers increased 4.0%.¹

The compensation levels associated with both compensation plans represent a hybrid

pay-level policy. Positions between grade nine (9) and twenty-one (21) have a lead (pay above

market rate) pay-level policy. A lead pay-level policy maximizes the ability of an organization to

attract and retain quality employees and minimize employee dissatisfaction with pay.

Positions at or above grade twenty-two (22) have a matching pay-level policy (pay at

market). This pay-level policy helps ensure that an organization’s pay costs are nearly equivalent

to its labor market competitors. Additionally, a matching policy allows an organization to remain

competitive with its labor market competitors in attracting and retaining employees. Table V

illustrates the probable effects of this pay policy.

¹U.S. Bureau of Labor Statistics. (March 2018). Employment Cost Index Historical Listing – Volume III. 110

11

Table V: Probable Relationships between Pay Policies and Compensation Objectives

Compensation Objectives

Policy Ability to

Attract

Ability to

Retain

Contain

Labor Costs

Reduce Pay

Dissatisfaction

Increase

Productivity

Lead (Pay above

market) + + - + ?

Match (Pay at

market) = = = = ?

Source: Milkovich, George T, and Jerry M. Newman., 2005. Compensation. McGraw-Hill. p. 205.

The City of Flowery Branch should consider several actions to keep the proposed

compensation plans current. These proposed actions are not automatic and should be contingent

upon the organization’s fiscal condition.

The first recommendation is an annual market adjustment to the compensation plan. This

adjustment should be applied as an increase to the wage and salary structures and as a general

percentage increase for all employees. It is recommended to link the market adjustment to a

measure of inflation such as the Consumer Price Index or Employment Cost Index. The Bureau

of Labor Statistics calculates both indices.

The second recommendation is to provide additional step adjustments to individual

employees based solely on or a combination of their length of service, performance, and

knowledge/skill acquisition. These individual adjustments would be applied as an increase within

the respective pay range of each employee.

Therefore, the City of Flowery Branch may budget for two future annual personnel cost

adjustments: 1) an across-the-board increase which raises every employee’s wage and salary

equally when market conditions dictate, and 2) annual individual employee increases linked to

employee service, knowledge/skill acquisition, and/or performance.

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12

Table VI

Proposed Grade & Step Time in Position Plan

City of Flowery Branch Personnel Project

STEPS

TIP* 0-.99 1-1.99 2-2.99 3-3.99 4-4.99 5-5.99 6-6.99 7-7.99 8-8.99 9-9.99 10-

10.99 11-

11.99 12-

12.99 13-

13.99 14-

14.99 15-

15.99 16-

16.99 17-

17.99 18-

18.99 19-

19.99

GRADE A B C D E F G H I J K L M N O P Q R S T

9 27,698 28,183 28,676 29,178 29,688 30,208 30,737 31,275 31,822 32,379 32,945 33,522 34,109 34,705 35,313 35,931 36,560 37,199 37,850 38,513

10 29,221 29,733 30,253 30,783 31,321 31,869 32,427 32,995 33,572 34,160 34,757 35,366 35,984 36,614 37,255 37,907 38,570 39,245 39,932 40,631

11 30,829 31,368 31,917 32,476 33,044 33,622 34,211 34,809 35,419 36,038 36,669 37,311 37,964 38,628 39,304 39,992 40,692 41,404 42,128 42,866

12 32,524 33,093 33,673 34,262 34,861 35,471 36,092 36,724 37,367 38,020 38,686 39,363 40,052 40,753 41,466 42,191 42,930 43,681 44,445 45,223

13 34,313 34,914 35,525 36,146 36,779 37,422 38,077 38,744 39,422 40,112 40,814 41,528 42,254 42,994 43,746 44,512 45,291 46,083 46,890 47,710

14 38,088 38,754 39,432 40,122 40,824 41,539 42,266 43,005 43,758 44,524 45,303 46,096 46,902 47,723 48,558 49,408 50,273 51,153 52,048 52,959

15 42,277 43,017 43,770 44,536 45,315 46,108 46,915 47,736 48,571 49,421 50,286 51,166 52,062 52,973 53,900 54,843 55,803 56,779 57,773 58,784

16 44,602 45,383 46,177 46,985 47,807 48,644 49,495 50,362 51,243 52,140 53,052 53,980 54,925 55,886 56,864 57,859 58,872 59,902 60,951 62,017

17 47,056 47,879 48,717 49,569 50,437 51,320 52,218 53,131 54,061 55,007 55,970 56,949 57,946 58,960 59,992 61,042 62,110 63,197 64,303 65,428

18 49,644 50,512 51,396 52,296 53,211 54,142 55,090 56,054 57,035 58,033 59,048 60,082 61,133 62,203 63,291 64,399 65,526 66,673 67,839 69,027

19 52,374 53,291 54,223 55,172 56,138 57,120 58,120 59,137 60,172 61,225 62,296 63,386 64,495 65,624 66,772 67,941 69,130 70,340 71,571 72,823

20 55,255 56,221 57,205 58,206 59,225 60,262 61,316 62,389 63,481 64,592 65,722 66,872 68,043 69,233 70,445 71,678 72,932 74,208 75,507 76,828

21 58,294 59,314 60,352 61,408 62,482 63,576 64,688 65,821 66,972 68,144 69,337 70,550 71,785 73,041 74,319 75,620 76,943 78,290 79,660 81,054

22 67,912 69,100 70,310 71,540 72,792 74,066 75,362 76,681 78,023 79,388 80,778 82,191 83,629 85,093 86,582 88,097 89,639 91,208 92,804 94,428

23 75,382 76,701 78,044 79,410 80,799 82,213 83,652 85,116 86,605 88,121 89,663 91,232 92,829 94,453 96,106 97,788 99,499 101,241 103,012 104,815

*Time in current position

112

13

Table VII

Proposed Grade & Step Quartile Time in Position Compression Plan


GRADE

STEPS

A B C D E F G H I J K L M N O P Q R S T

9 27,698 28,183 28,676 29,178 29,688 30,208 30,737 31,275 31,822 32,379 32,945 33,522 34,109 34,705 35,313 35,931 36,560 37,199 37,850 38,513

10 29,221 29,733 30,253 30,783 31,321 31,869 32,427 32,995 33,572 34,160 34,757 35,366 35,984 36,614 37,255 37,907 38,570 39,245 39,932 40,631

11 30,829 31,368 31,917 32,476 33,044 33,622 34,211 34,809 35,419 36,038 36,669 37,311 37,964 38,628 39,304 39,992 40,692 41,404 42,128 42,866

12 32,524 33,093 33,673 34,262 34,861 35,471 36,092 36,724 37,367 38,020 38,686 39,363 40,052 40,753 41,466 42,191 42,930 43,681 44,445 45,223

13 34,313 34,914 35,525 36,146 36,779 37,422 38,077 38,744 39,422 40,112 40,814 41,528 42,254 42,994 43,746 44,512 45,291 46,083 46,890 47,710

14 38,088 38,754 39,432 40,122 40,824 41,539 42,266 43,005 43,758 44,524 45,303 46,096 46,902 47,723 48,558 49,408 50,273 51,153 52,048 52,959

15 42,277 43,017 43,770 44,536 45,315 46,108 46,915 47,736 48,571 49,421 50,286 51,166 52,062 52,973 53,900 54,843 55,803 56,779 57,773 58,784

16 44,602 45,383 46,177 46,985 47,807 48,644 49,495 50,362 51,243 52,140 53,052 53,980 54,925 55,886 56,864 57,859 58,872 59,902 60,951 62,017

17 47,056 47,879 48,717 49,569 50,437 51,320 52,218 53,131 54,061 55,007 55,970 56,949 57,946 58,960 59,992 61,042 62,110 63,197 64,303 65,428

18 49,644 50,512 51,396 52,296 53,211 54,142 55,090 56,054 57,035 58,033 59,048 60,082 61,133 62,203 63,291 64,399 65,526 66,673 67,839 69,027

19 52,374 53,291 54,223 55,172 56,138 57,120 58,120 59,137 60,172 61,225 62,296 63,386 64,495 65,624 66,772 67,941 69,130 70,340 71,571 72,823

20 55,255 56,221 57,205 58,206 59,225 60,262 61,316 62,389 63,481 64,592 65,722 66,872 68,043 69,233 70,445 71,678 72,932 74,208 75,507 76,828

21 58,294 59,314 60,352 61,408 62,482 63,576 64,688 65,821 66,972 68,144 69,337 70,550 71,785 73,041 74,319 75,620 76,943 78,290 79,660 81,054

22 67,912 69,100 70,310 71,540 72,792 74,066 75,362 76,681 78,023 79,388 80,778 82,191 83,629 85,093 86,582 88,097 89,639 91,208 92,804 94,428

23 75,382 76,701 78,044 79,410 80,799 82,213 83,652 85,116 86,605 88,121 89,663 91,232 92,829 94,453 96,106 97,788 99,499 101,241 103,012 104,815

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Cost of Implementation

The following paragraphs present two implementation plans for the City of Flowery

Branch’s consideration. The implementation plans cover a select group of employees in the City

of Flowery Branch. Contract employees, temporary part-time employees, and elected officials are

not included in the proposed implementation plan. Furthermore, the estimated cost figures do not

include benefit costs, payroll tax expenditures, or current overtime expenditures. Thus, the

following cost figures do not represent the organization’s total personnel costs.

Table VIII depicts the cost to implement the proposed plans. The cost to implement both

the grade and step time in position compression plan (Table VI) and the grade and step quartile

time in position compression plan (Table VII) is $47,521 or 2.67% of current payroll cost for these

employees. Table IX provides an overview of the total cost of implementation for the

compensation plan by department.

Additionally, implementing the proposed compensation plan will result in further pay

compression for select employees (employee salaries grouped closely together regardless of length

or quality of service to the organization) within the City of Flowery Branch. Pay compression can

create pay dissatisfaction and employee turnover, which can threaten the competitive advantage of

an organization. Several factors contribute to pay compression. These factors include: historically

modest budgets for employee salary increases (creates situations where the salaries of new hires

outpace existing employees), departments not adhering to established human resources policies

(i.e. hiring guidelines, promotional increases), and compensation not being properly integrated in

situations where organizations acquire, consolidate, or reorganize operating units.

To help ameliorate this problem, the Institute of Government recommends that a one-time

compression adjustment be applied to employee salaries as outlined in Table VIII. The cost of the

time in position compression adjustment for the grade and step plan is $98,586 or approximately 114

15

5.40% of adjusted payroll cost. The eligibility for the time in position compression adjustment is

based on two factors. The first criteria is an employee’s time in their current position with the City

of Flowery Branch. The second eligibility requirement for the compression adjustment is related

to an employee’s proposed salary relative to their step on Table VI. As a reminder, the Institute of

Government designed the steps on the compensation plan to be linked to an employee’s time in

their current position.

The Institute of Government used this information to design the following formula for the

proposed time in position compression adjustment. Employees whose proposed step on Table VI

is below their recommended step based on their time in current position would be brought to the

step associated with the time in their current position. Employees whose proposed step on Table

VI is at or above their recommended step based on their time in current position are not eligible

for the compression adjustment. These eligibility requirements target employees with longer time

in their current position and whose salaries are lagging below the recommended step for their

position.

The cost of the quartile time in position compression adjustment is $32,384 or

approximately 1.77% of adjusted payroll cost. The eligibility for the quartile time in position

compression adjustment is based on two factors. The first factor is an employee’s time in position

with the City of Flowery Branch. The first quartile time in position for a City of Flowery Branch

employee is 1.50 years. The median time in position for a City of Flowery Branch employee is

4.92 years. The third quartile time in position for a City of Flowery Branch employee is 9.83

years.

The second eligibility requirement for the compression adjustment is related to an

employee’s proposed salary relative to the mid-point for their proposed pay range. Any employee

whose proposed salary falls below the mid-point (and they exceed at least the first quartile time in 115

16

position) would qualify for the compression adjustment. These eligibility requirements target

employees with longer service to the city and whose salaries are lagging below the mid-point of

their pay range. Employees whose salary exceeds the mid-point of their proposed pay range are

not eligible for either of the compression adjustments.

Finally, both of the recommended compression adjustments are not a mandatory action

and should only be provided to employees who have met the City of Flowery Branch performance

standards.

116

17

Table VIII

Cost of Implementation


Classification

Changes1

Compression

Adjustment²

Total

Implementation

Cost

Grade & Step Time in

Position Compression

Plan (Table VI)

$47,521

(2.67%)

$98,586

(5.40%) $146,107

Grade & Step Quartile

Time in Position

Compression Plan (Table

VII)

$47,521

(2.67%)

$32,384

(1.77%) $79,904

1 Increases are projected based on current payroll total of $1,777,412. The figures presented are exclusive

of benefit costs and overtime expenditures.

Figures presented are the estimated cost for the compression adjustment increases.

The compression adjustment calculations for employees are based on their time in current position and

their proposed step (classification change) relative to the step associated with their time in current

position. Employees whose proposed step on Table VI is below their recommended step based on their

time in position would be brought to the step associated with the time in their current position.

Employees whose proposed step on Table VI is above their recommended step based on their time in

position are not eligible for the compression adjustment.

For the grade and step quartile time in position compression plan, the compression adjustment

calculations for employees with 1.50 or more years of time in position (as of December 31, 2018) with

the City of Flowery Branch whose proposed salary is below the mid-point (Step J) of their proposed pay

range would be eligible for a 1 step increase. The compression adjustment calculations for employees

with 4.92 or more years of time in position (as of December 31, 2018) with the City of Flowery Branch

whose proposed salary is below the mid-point (Step J) of their proposed pay range would be eligible for a

2 step increase. The compression adjustment calculations for employees with 9.83 or more years of time

in position (as of December 31, 2018) with the City of Flowery Branch whose proposed salary is below

the mid-point (Step J) of their proposed pay range would be eligible for a 3 step increase. Employees

whose salary exceeds the mid-point (Step J) of their pay range are also not eligible for the compression

adjustment. 117

18

Table IX

Cost of Implementation by Department


Department

Grade & Step Time in Position

Compression Plan

Grade & Step Quartile Time in

Position Compression Plan

Administration $21,658 $15,435

Municipal Court $3,208 $1,138

Planning & Community

Development $4,330 $3,550

Public Safety $44,421 $30,188

Public Works $41,508 $19,760

Water/Wastewater $30,981 $9,834

118

19

Appendix A

Sample Position Description


Police Officer PD/5

Police

MAJOR DUTIES

Protects citizens through active patrol.

Prevents crime through officer presence.

Prosecutes cases in court.

Enforces traffic laws.

Answers domestic, burglary, and theft calls.

Assists citizens who are locked out of their vehicle.

Receives incident and accident reports.

Assists with community activities and organizations.

Prepares motor vehicle accident reports.

Prepares incident reports to document various events.

Prepares case files for court presentation.

Prepares audio and video footage for court room presentation.

Works with the public to help solve various problems or issues.

Performs related duties as assigned.

KNOWLEDGE REQUIRED BY THE POSITION

Knowledge of local, state, and federal laws.

Knowledge of computer operation and data management programs.

Knowledge of current crime trends.

Knowledge of first aid and CPR.

Skill in interpersonal communications.

Skill in firearms and other offensive/defensive weapons.

Skill report writing.

Skill in preserving evidence.

Skill in time management and decision making.

SUPERVISORY CONTROLS

The Police Corporal assigns work in terms of general instructions. The supervisor spot-checks completed work

for compliance with procedures, accuracy, and the nature and propriety of the final results.

119

20

GUIDELINES

Guidelines include the Official Code of Georgia, departmental policies and procedures, municipal laws,

jurisdictional boundaries, federal statues, and report writing guidelines. These guidelines are generally clear

and specific but may require some interpretation in application.

COMPLEXITY/SCOPE OF WORK

The work consists of varied law enforcement and patrol duties. Emergencies and the varied nature of calls

contribute to the complexity of the position.

The purpose of this position is to protect citizens and enforce laws. Success in this position helps ensure

the efficient operations of the department and the safety of citizens.

CONTACTS

Contacts are typically with Fire department, EMS personnel, mental health professionals, 911 dispatchers,

co-workers, and the general public to include suspects, witnesses, and victims of crime.

Contacts are typically to provide services and to give or exchange information.

PHYSICAL DEMANDS/ WORK ENVIRONMENT

The work is typically performed while intermittently sitting, standing, stooping, walking, bending, or

crouching. The employee occasionally lifts light and heavy objects, uses tools or equipment requiring a

high degree of dexterity, distinguishes between shades of color, utilizes a sense of smell, and utilizes

defense tactics that require a maintained fitness level.

The work is typically performed in a very noisy place, outdoors, and occasionally in cold or inclement

weather. The employee is exposed to contagious or infectious diseases or irritating chemicals and

dangerous situations that could result in injury or death. The work may require the use of protective devices

such as masks, goggles, gloves, and a bulletproof vest.

SUPERVISORY AND MANAGEMENT RESPONSIBILITY

None.

MINIMUM QUALIFICATIONS

Knowledge and level of competency commonly associated with completion of specialized training in the

field of work, in addition to basic skills typically associated with a high school education.

Sufficient experience to understand the basic principles relevant to the major duties of the position, usually

associated with the completion of an apprenticeship/internship or having had a similar position for one to

two years.

Possession of or ability to readily obtain a valid driver’s license issued by the State of Georgia for the type

of vehicle or equipment operated.

Ability to meet current requirements set forth by the Police Standards and Training Council for the State

of Georgia.

120

21

Appendix B

Position/Grade Analysis by Department


DEPT POSITION GRADE

ADM/1 City Manager UNC

ADM/2 Finance Director 23

ADM/3 City Clerk 21

ADM/4 Financial Analyst 17

ADM/5 Utility Billing Technician 14

MC/1 Municipal Court Clerk 14

MC/2 Administrative Assistant 12

PCD/1 Director of Planning & Community Development 22

PCD/2 Building & Site Inspector 18

PCD/3 Permit & Accounting Coordinator 16

PD/1 Chief of Police 23

PD/2 Assistant Chief of Police 21

PD/3 Police Corporal 17

PD/4 Investigator 17

PD/5 Police Officer 15

PD/6 Police Officer - Community Relations 15

PW/1 Public Works Superintendent 21

PW/2 Corrections Officer 15

PW/3 Senior Maintenance Worker 12

PW/4 Maintenance Worker 10

WWW/1 Water & Wastewater Director 22

WWW/2 Assistant Water & Wastewater Director 20

WWW/3 Water/Wastewater Operator - Class I 16

WWW/4 Water/Wastewater Operator - Class II 14

WWW/5 Water/Wastewater Operator - Class III 12

WWW/6 Water/Wastewater Inspector 12

WWW/7 Water/Wastewater Maintenance Worker 10

WWW/8 Water/Wastewater Operator Trainee 9

121

22

Appendix C

Position/Grade Analysis by Grade


DEPT POSITION GRADE

ADM/1 City Manager UNC

ADM/2 Finance Director 23

PD/1 Chief of Police 23

PCD/1 Director of Planning & Community Development 22

WWW/1 Water & Wastewater Director 22

ADM/3 City Clerk 21

PW/1 Public Works Superintendent 21

PD/2 Assistant Chief of Police 21

WWW/2 Assistant Water & Wastewater Director 20

PCD/2 Building & Site Inspector 18

PD/3 Police Corporal 17

PD/4 Investigator 17

ADM/4 Financial Analyst 17

PCD/3 Permit & Accounting Coordinator 16

WWW/3 Water/Wastewater Operator - Class I 16

PD/5 Police Officer 15

PD/6 Police Officer - Community Relations 15

PW/2 Corrections Officer 15

DM/5 Utility Billing Technician 14

MC/1 Municipal Court Clerk 14

WWW/4 Water/Wastewater Operator - Class II 14

MC/2 Administrative Assistant 12

PW/3 Senior Maintenance Worker 12

WWW/5 Water/Wastewater Operator - Class III 12

WWW/6 Water/Wastewater Inspector 12

PW/4 Maintenance Worker 10

WWW/7 Water/Wastewater Maintenance Worker 10

WWW/8 Water/Wastewater Operator Trainee 9

122

23

Appendix D

2018 Local Government Salary Survey Summary


CVIOG Position Title Annual

Hours

Minimum

Annual

Rate

Mean

2017

Minimum

Annual

Rate

Median

Minimum

Annual

Rate

Median

Year to

Year

Median

%

Change

2017 3rd

Quartile

Minimum

3rd

Quartile

Minimum

Year to

Year 3rd

Quartile

%

Change

Maximum

Annual

Rate

Mean

Maximum

Annual

Rate

Median

3rd

Quartile

Maximum

Accounts Receivable

Technician 2080 $35,349 $34,611 $35,044 1.25% $35,318 $35,630 0.88% $48,505 $50,285 $52,567

Administrative Assistant 2080 $32,658 $29,390 $31,720 7.93% $31,491 $33,707 7.04% $46,857 $44,533 $53,376

Building & Site Inspector 2080 $38,529 $39,375 $38,647 -1.85% $40,163 $42,988 7.03% $60,266 $58,473 $66,628

Chief of Police 2080 $77,285 $73,445 $77,876 6.03% $90,272 $91,803 1.70% $116,299 $124,342 $136,441

City Clerk 2080 $51,257 $43,763 $45,666 4.35% $56,115 $53,037 -5.49% $70,597 $63,826 $69,075

City Manager 2080 $138,429 $118,600 $147,084 24.02% $145,584 $155,485 6.80% $141,685 $147,084 $155,485

Director of Planning &

Community Development 2080 $70,240 $73,029 $72,115 -1.25% $83,348 $75,758 -9.11% $102,939 $105,987 $112,978

Finance Director 2080 $74,110 $75,000 $73,445 -2.07% $81,782 $75,156 -8.10% $107,418 $110,559 $120,250

123

24

CVIOG Position Title Annual

Hours

Minimum

Annual

Rate

Mean

2017

Minimum

Annual

Rate

Median

Minimum

Annual

Rate

Median

Year to

Year

Median

%

Change

2017 3rd

Quartile

Minimum

3rd

Quartile

Minimum

Year to

Year 3rd

Quartile

%

Change

Maximum

Annual

Rate

Mean

Maximum

Annual

Rate

Median

3rd

Quartile

Maximum

Investigator 2236 $44,331 $39,614 $44,215 11.62% $41,240 $45,175 9.54% $65,398 $67,048 $69,920

Municipal Court Clerk 2080 $37,429 $30,857 $35,194 14.05% $32,989 $45,712 38.57% $52,647 $41,538 $66,102

Police Corporal 2223 $43,691 $36,902 $44,082 19.46% $43,196 $47,186 9.24% $65,062 $68,668 $72,638

Police Officer 2236 $40,955 $35,146 $42,165 19.97% $39,080 $42,750 9.39% $58,129 $61,446 $65,823

Senior Maintenance Worker 2080 $27,602 $28,764 $26,208 -8.89% $32,016 $28,976 -9.50% $42,874 $43,618 $44,912

Water/Wastewater Operator -

Class I; Water/Wastewater

Operator - Class II; and

Water/Wastewater Operator -

Class III

2080 $31,042 $30,992 $31,662 2.16% $34,777 $31,907 -8.25% $48,023 $49,774 $50,565

Median %

Change 5.19% 4.25%

Mean %

Change 6.91% 3.55%

124

25

Appendix E

Bureau of Labor Statistics Salary Survey Summary


BLS Job Title BLS Summary

Proposed Institute of

Government Job Title Employment

BLS

Median

Hourly

Wage

BLS

Mean

Hourly

Wage

BLS

Annual

Mean

Wage

Billing and Posting

Clerks

Compile, compute, and record billing,

accounting, statistical, and other numerical

data for billing purposes. Prepare billing

invoices for services rendered or for delivery

or shipment of goods.

Utility Billing Technician 8,000 $16.76 $17.20 $35,775

Bookkeeping,

Accounting, and

Auditing Clerks

Compute, classify, and record numerical data

to keep financial records complete. Perform

any combination of routine calculating,

posting, and verifying duties to obtain

primary financial data for use in maintaining

accounting records. May also check the

accuracy of figures, calculations, and postings

pertaining to business transactions recorded

by other workers.

Accounts Payable

Technician 27,440 $18.28 $18.85 $39,205

Construction and

Building Inspectors

Inspect structures using engineering skills to

determine structural soundness and

compliance with specifications, building

codes, and other regulations. Inspections may

be general in nature or may be limited to a

specific area, such as electrical systems or

plumbing.

Building & Site Inspector 1,300 $24.73 $25.67 $53,380

125

26




BLS

Median

Hourly

Wage

BLS

Mean

Hourly

Wage

BLS

Annual

Mean

Wage

Court, Municipal,

and License Clerks

Perform clerical duties for courts of law,

municipalities, or governmental licensing

agencies and bureaus. May prepare docket of

cases to be called; secure information for

judges and court; prepare draft agendas or

bylaws for town or city council; answer

official correspondence; keep fiscal records

and accounts; issue licenses or permits; and

record data, administer tests, or collect fees.

Municipal Court Clerk 1,990 $15.29 $16.07 $33,420

Detectives and

Criminal

Investigators

Conduct investigations related to suspected

violations of Federal, State, or local laws to

prevent or solve crimes.

Investigator 1,730 $23.20 $28.23 $58,710

Financial Managers

Plan, direct, or coordinate accounting,

investing, banking, insurance, securities, and

other financial activities of a branch, office,

or department of an establishment.

Finance Director 12,900 $56.26 $62.01 $128,985

126

27




BLS

Median

Hourly

Wage

BLS

Mean

Hourly

Wage

BLS

Annual

Mean

Wage

First-Line

Supervisors of

Police and

Detectives

Directly supervise and coordinate activities of

members of police force.

Assistant Police Chief;

Chief of Police; and

Police Corporal

1,960 $31.99 $33.87 $70,440

Highway

Maintenance

Workers

Maintain highways, municipal and rural

roads, airport runways, and rights-of-way.

Duties include patching broken or eroded

pavement, repairing guard rails, highway

markers, and snow fences. May also mow or

clear brush from along road or plow snow

from roadway.

Maintenance Worker; and

Senior Maintenance

Worker

750 $14.73 $15.39 $32,000

Police and Sheriff's

Patrol Officers

Maintain order and protect life and property

by enforcing local, tribal, State, or Federal

laws and ordinances. Perform a combination

of the following duties: patrol a specific area;

direct traffic; issue traffic summonses;

investigate accidents; apprehend and arrest

suspects, or serve legal processes of courts.

Police Officer; and Police

Officer - Community

Relations

13,140 $20.25 $20.81 $43,290

127

28




BLS

Median

Hourly

Wage

BLS

Mean

Hourly

Wage

BLS

Annual

Mean

Wage

Secretaries and

Administrative

Assistants, Except

Legal, Medical, and

Executive

Perform routine clerical and administrative

functions such as drafting correspondence,

scheduling appointments, organizing and

maintaining paper and electronic files, or

providing information to callers. Excludes

legal, medical, and executive secretaries.

Administrative Assistant 1,940 $13.36 $14.11 $29,340

Water and

Wastewater

Treatment Plant and

System Operators

Operate or control an entire process or system

of machines, often through the use of control

boards, to transfer or treat water or

wastewater.

Water/Wastewater

Operator - Class II; and

Water/Wastewater

Operator - Class III

1,200 $18.20 $19.02 $39,550

*Source: May 2016 Bureau of Labor Statistics' metropolitan and nonmetropolitan area occupational employment and wage estimates for the Atlanta-Sandy Springs-

Roswell, GA metropolitan area and the Gainesville, GA metropolitan area.

128

29

Appendix F

2015 American Water Works Association (AWWA) Salary Survey Summary


AWWA

Position Title CVIOG Position Title

No. of

City/County

Utilities

No. of

Employees

in Position

Average No.

of

Employees

Supervised

by Position

50th

Percentile

Average

Salary

Range -

Minimum

Average

Salary

Range -

Midpoint

Average

Salary

Range -

Maximum

Water Treatment

Plant Operator -

Associate

Water/Wastewater

Treatment Plant

Operator - Trainee

35 68 N/A $37,492 $34,967 $42,733 $50,270

Water Treatment

Plant Operator -

Intermediate

Water/Wastewater

Treatment Plant

Operator Class III; and

Water/Wastewater

Treatment Plant

Operator Class II

43 79 N/A $46,654 $41,040 $48,991 $55,852

Water Treatment

Plant Operator -

Senior

Water/Wastewater

Treatment Plant

Operator Class I

46 89 4 $55,638 $44,226 $52,812 $61,696

Wastewater

Treatment Plant

Operator -

Associate

Water/Wastewater

Treatment Plant

Operator - Trainee

32 80 N/A $34,968 $34,418 $40,624 $48,534

Wastewater

Treatment Plant

Operator -

Intermediate

Water/Wastewater

Treatment Plant

Operator Class III; and

Water/Wastewater

Treatment Plant

Operator Class II

36 75 N/A $44,862 $40,009 $48,057 $55,729

129

30

AWWA

Position Title CVIOG Position Title

No. of

City/County

Utilities

No. of

Employees

in Position

Average No.

of

Employees

Supervised

by Position

50th

Percentile

Average

Salary

Range -

Minimum

Average

Salary

Range -

Midpoint

Average

Salary

Range -

Maximum

Wastewater

Treatment Plant

Operator -

Senior

Water/Wastewater

Treatment Plant

Operator Class I

41 81 7 $52,213 $44,237 $53,118 $62,077

*Salary survey data derived from the 2015 American Water Works Association Water Utility Compensation Survey.

130

City of Flowery Branch

Time in Position Payroll Calculations - August 2018

Department Name CURRENT POSITION TITLE NEW TITLE HIRE DATE LOS* APPT DATE TIP^ FT / PTANNUAL HOURS

CURRENT BASE SALARY (NO

OT) -

JULY 2018 GRADE STEP

NEW SALARY (Classification

Change)

NEW SALARY (Classification) $ DIFFERENCE

NEW SALARY (Classification)

% DIFFERENCE

COMP ELIGIBLE

COMP (FINAL) STEP

NEW SALARY + COMPRESSION ADJUSTMENT

(FINAL SALARY)

COMP DIFFERENCE

COMP % DIFFERENCE

FINAL DIFFERENCE

FINAL % DIFFERENCE

Administration Andrew, William City Manager City Manager 3/30/2006 12.75 3/30/2006 12.75 FT 2080 $117,000 UNC UNC $117,000 $0 0.00% FALSE UNC $117,000 $0 $0 $0 0.00%

Administration Gamble, Alisha Finance Director Finance Director 6/26/2017 1.50 6/26/2017 1.50 FT 2080 $78,939 23 D $79,410 $471 0.60% FALSE D $79,410 $0 $0 $471 0.60%

Administration McCain, Melissa City Clerk City Clerk 2/13/2014 4.83 2/13/2014 10.08 FT 2080 $62,522 21 F $63,576 $1,054 1.69% TRUE K $69,337 $5,761 $0 $6,815 10.90%

Administration Stephens, Martha Utility Billing Clerk Utility Billing Technician 10/8/1997 21.17 10/8/1997 21.17 FT 2080 $46,590 14 M $46,902 $312 0.67% TRUE T $52,959 $6,057 $0 $6,369 13.67%

Administration Short, Vickie Accounts Receivable Clerk Financial Analyst 11/26/2012 6.08 11/26/2012 6.08 FT 2080 $44,214 17 A $47,056 $2,841 6.43% TRUE G $52,218 $5,162 $0 $8,004 18.10%

Municipal Court Cash, Kelsey Court Clerk Municipal Court Clerk 6/20/2013 5.50 4/3/2014 4.67 FT 2080 $37,849 14 A $38,088 $238 0.63% TRUE E $40,824 $2,736 $0 $2,975 7.86%

Municipal Court Kokoschke, Julie Administrative Assistant to Court Clerk Administrative Assistant 3/12/2018 0.75 3/12/2018 0.75 FT 2080 $32,291 12 A $32,524 $234 0.72% FALSE A $32,524 $0 $0 $234 0.72%

Planning & Comm Dev Atkinson, Richard Director Director of Planning & Community Development 8/29/2016 2.33 8/29/2016 2.33 FT 2080 $81,172 22 L $82,191 $1,019 1.26% FALSE L $82,191 $0 $0 $1,019 1.26%

Planning & Comm Dev Bowers, Donald Inspector/Code Enforcement Building & Site Inspector 9/6/2016 2.25 9/6/2016 10.08 FT 2080 $70,034 18 FC $70,034 $0 0.00% FALSE FC $70,034 $0 $0 $0 0.00%

Planning & Comm Dev Hurt, Patsy Business License & Permitting Clerk Permit & Accounting Coordinator 8/21/2017 1.33 8/21/2017 1.33 FT 2080 $42,071 16 A $44,602 $2,531 6.02% TRUE B $45,383 $781 $0 $3,312 7.87%

Public Safety Spillers, David Chief Chief of Police 7/30/2006 12.42 8/22/2012 6.33 FT 2080 $75,925 23 B $76,701 $777 1.02% TRUE G $83,652 $6,951 $0 $7,727 10.18%

Public Safety Hulsey, Christopher Assistant Chief/Lieutenant Assistant Chief of Police 11/18/2006 12.08 3/30/2015 3.75 FT 2080 $57,708 21 A $58,294 $586 1.02% TRUE D $61,408 $3,114 $0 $3,700 6.41%

Public Safety Kemp, Bobby Investigator Investigator 8/18/2014 4.33 8/18/2014 4.33 FT 2223 $43,739 17 A $47,056 $3,316 7.58% TRUE E $50,437 $3,381 $0 $6,698 15.31%

Public Safety Davis, Phillip Corporal Police Corporal 12/21/2010 8.00 2/1/2017 1.83 FT 2223 $46,165 17 A $47,056 $890 1.93% TRUE B $47,879 $823 $0 $1,714 3.71%

Public Safety Xayavong, Jake Patrol Officer Police Officer 2/8/2010 8.83 2/8/2010 8.83 FT 2223 $48,047 15 I $48,571 $524 1.09% FALSE I $48,571 $0 $0 $524 1.09%

Public Safety Vaughan, Denton Patrol Officer Police Officer 7/12/2010 8.42 7/12/2010 8.42 FT 2223 $44,102 15 D $44,536 $434 0.98% TRUE I $48,571 $4,036 $0 $4,469 10.13%

Public Safety Sanino, Gian Patrol Officer Police Officer 6/7/2016 2.50 6/7/2016 2.50 FT 2223 $41,064 15 A $42,277 $1,213 2.96% TRUE C $43,770 $1,493 $0 $2,706 6.59%

Public Safety Trevino, Juan Patrol Officer Police Officer 10/3/2016 2.17 10/3/2016 2.17 FT 2223 $41,064 15 A $42,277 $1,213 2.96% TRUE C $43,770 $1,493 $0 $2,706 6.59%

Public Safety Blihovde, Jeffrey M Patrol Officer (New Officer) Police Officer 9/1/2017 1.25 9/1/2017 1.25 FT 2223 $47,072 15 H $47,736 $664 1.41% FALSE H $47,736 $0 $0 $664 1.41%

Public Safety Bond, Daniel Patrol Officer (New Officer) Police Officer 9/15/2017 1.25 9/15/2017 1.25 FT 2223 $39,454 15 A $42,277 $2,823 7.16% TRUE B $43,017 $740 $0 $3,563 9.03%

Public Safety Cook, Perry Patrol Officer (New Officer) Police Officer 8/29/2017 1.33 8/29/2017 1.33 FT 2223 $39,454 15 A $42,277 $2,823 7.16% TRUE B $43,017 $740 $0 $3,563 9.03%

Public Safety Hagin, James A Patrol Officer (New Officer) Police Officer 3/26/2018 0.75 3/26/2018 0.75 FT 2223 $39,454 15 A $42,277 $2,823 7.16% FALSE A $42,277 $0 $0 $2,823 7.16%

Public Safety Mahathey, Matthew C Patrol Officer (New Officer) Police Officer - Community Relations 8/15/2017 1.33 8/15/2017 1.33 FT 2223 $39,454 15 A $42,277 $2,823 7.16% TRUE B $43,017 $740 $0 $3,563 9.03%

Public Works Thomas, Johnny Public Works Superintendent Public Works Superintendent 11/7/2005 13.08 11/7/2005 27.58 FT 2080 $76,017 21 Q $76,943 $926 1.22% TRUE T $81,054 $4,111 $0 $5,037 6.63%

Public Works Junkins, Timothy Guard Corrections Officer 10/26/2009 9.17 10/26/2009 9.83 FT 2080 $43,966 15 D $44,536 $570 1.30% TRUE J $49,421 $4,885 $0 $5,455 12.41%

Public Works Edge, William Guard Corrections Officer 1/21/2014 4.92 1/21/2014 4.92 FT 2080 $42,674 15 B $43,017 $343 0.80% TRUE E $45,315 $2,298 $0 $2,641 6.19%

Public Works Dean, Jack Maintenance Worker I Senior Maintenance Worker 4/6/2009 9.67 4/6/2009 9.67 FT 2080 $30,721 12 A $32,524 $1,803 5.87% TRUE J $38,020 $5,496 $0 $7,299 23.76%

Public Works Mathis, George T Maintenance Worker I Senior Maintenance Worker 11/29/2010 8.08 11/29/2010 8.08 FT 2080 $30,721 12 A $32,524 $1,803 5.87% TRUE I $37,367 $4,843 $0 $6,646 21.63%

Public Works Barton, Alan Maintenance Worker I Senior Maintenance Worker 10/24/2011 7.17 10/24/2011 12.92 FT 2080 $30,721 12 A $32,524 $1,803 5.87% TRUE M $40,052 $7,528 $0 $9,331 30.37%

Public Works Hart, Dalton Maintenance Worker II Maintenance Worker 11/21/2016 2.08 11/21/2016 2.08 FT 2080 $26,796 10 A $29,221 $2,426 9.05% TRUE C $30,253 $1,032 $0 $3,457 12.90%

Public Works Wallace, Andrew Maintenance Worker II Maintenance Worker 5/14/2018 0.58 5/14/2018 0.58 FT 2080 $27,581 10 A $29,221 $1,641 5.95% FALSE A $29,221 $0 $0 $1,641 5.95%

Water/Wastewater Dean, Jimmy Water/Wastewater Director Water & Wastewater Director 7/21/1998 20.42 7/21/1998 20.42 FT 2080 $82,148 22 L $82,191 $43 0.05% TRUE T $94,428 $12,237 $0 $12,280 14.95%

Water/Wastewater Boggs, James Operator Water/Wastewater Operator - Class II 11/4/2010 8.08 11/4/2010 8.08 FT 2080 $32,927 14 A $38,088 $5,160 15.67% TRUE I $43,758 $5,670 $0 $10,831 32.89%

Water/Wastewater Faulkner, Barry Operator Water/Wastewater Operator - Class III 8/24/2004 14.33 8/24/2004 14.33 FT 2080 $35,134 12 F $35,471 $338 0.96% TRUE O $41,466 $5,995 $0 $6,332 18.02%

Water/Wastewater Thomas, Bradley Inspector Water/Wastewater Inspector 11/15/2004 14.08 11/15/2010 8.08 FT 2080 $38,762 12 L $39,363 $601 1.55% FALSE L $39,363 $0 $0 $601 1.55%

Water/Wastewater Knight, Danny Maintenance Water/Wastewater Maintenance Worker 7/1/2005 13.42 7/1/2005 13.42 FT 2080 $36,364 10 N $36,614 $250 0.69% FALSE N $36,614 $0 $0 $250 0.69%

Water/Wastewater Simmons, Patrick Water/Wastewater Operator Trainee Water/Wastewaster Operator Trainee 11/16/2017 1.08 11/16/2017 1.08 FT 2080 $27,496 9 A $27,698 $202 0.74% TRUE B $28,183 $485 $0 $687 2.50%

1st Quartile 1.50 1st Quartile 1.50 $1,777,412 $1,824,932 $47,521 $1,923,519 $98,586 $146,107

Median 5.50 Median 4.92 $47,521 $98,586 $146,107

9/15/2005 - 7/26/13

8/30/1989 - 2/27/2004; and 5/24/2004 -

1/24/2005

8/5/2005 - 5/17/2011

Length of Service Appointment Date

PREVIOUS APPOINTMENT

PERIOD(S)

9/12/2005 - 12/31/10

Page 1 9/14/2018, 1:34 PM

131

City of Flowery Branch

Time in Position Payroll Calculations - August 2018

Department Name CURRENT POSITION TITLE NEW TITLE HIRE DATE LOS* APPT DATE TIP^ FT / PTANNUAL HOURS

CURRENT BASE SALARY (NO

OT) -

JULY 2018 GRADE STEP

NEW SALARY (Classification

Change)

NEW SALARY (Classification) $ DIFFERENCE

NEW SALARY (Classification)

% DIFFERENCE

COMP ELIGIBLE

COMP (FINAL) STEP

NEW SALARY + COMPRESSION ADJUSTMENT

(FINAL SALARY)

COMP DIFFERENCE

COMP % DIFFERENCE

FINAL DIFFERENCE

FINAL % DIFFERENCE

Length of Service Appointment Date

PREVIOUS APPOINTMENT

PERIOD(S)

3rd Quartile 9.67 3rd Quartile 9.83 2.67% 5.40%

Page 2 9/14/2018, 1:34 PM

132


EXECUTIVE SUMMARY

SUBJECT: Consider Consumption on the Premises Beer License for Rope Drop LLC DBA Beer Me


HISTORY:On May 5, 2018 Marc Stampfli, owner of Beer Me, submitted an application for the Growler Package Store Licenseand a temporary license was approved by council on May 17, 2018. This temporary license was requested early fromthe business owner so as to apply to the State license and have it approved and ready to go before opening.

FACTS AND ISSUES:Since the City has created the Downtown Dining District the owners of Beer Me would like to take advantage of theconsumption on the premises license noting that there is no food requirement in this downtown dining district.

The owners have worked with Councilman Mundy and City Staff to come up with a unique type of establishment for thenew downtown district. The business will operate as a bar serving their craft beers in one section and as per StateCode, will have a separate sectioned off retail area where they can sell packaged beer as well as already prefilled sealedgrowlers. With this model, and to comply with State and Flowery Code, Growlers will no longer be allowed to be filled and sold inthe bar area but patrons can purchase already filled and sealed growlers from the retail room of the establishment.

OPTIONS:Approve Deny and only authorize growler package sales.




SAMPLE MOTION: No motion needed - included on the consent agenda

COLLABORATING DEPARTMENT: 143



ATTACHMENTS

144


EXECUTIVE SUMMARY

SUBJECT: Consider the Second Reading of Ordinance #348-18 - Zoning Code Update


HISTORY:The zoning ordinance changes were first presented in their entirety to City Council in April. It was decided, due to thevolume of the request, that staff break it down and present it in three smaller ordinances 348-16, 348-17, and 348-18.This (348-18) is the final ordinance for this round of proposed zoning changes.

FACTS AND ISSUES:The new application/information forms will be created and uploaded to Granicus prior to the meeting.

OPTIONS:



RECOMMENDATION:Approve Ordinance#348-18 as presented.

SAMPLE MOTION: I make a motion to approve Ordinance #348-18 as presented.


DEPARTMENT: Planning


ATTACHMENTS 24 Signs REDLINED.pdf 34 Rezoning and Conditional Uses REDLINED.pdf 38 Administrative Variances REDLINED.pdf 39 Appeal of Admin Decision REDLINED.pdf 145





40 Design Review REDLINED.pdf 41 Permits and Certificates REDLINED.pdf 42 Administration REDLINED.pdf 43 Enforcement and Penalties REDLINED.pdf Ordinance 348-18 Sept 6.docx Ordinance 348-18 Sept 6.pdf

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ARTICLE 24

SIGNS Sec. 24.1. Objectives. Sec. 24.2. Authority and Scope. Sec. 24.3. Definitions. Sec. 24.4. Applicability. Sec. 24.5. Nonconforming Signs. Sec. 24.6. Sign Limitations When Nonconforming Sign Exists. Sec. 24.7. Exempt Signs. Sec. 24.8. Prohibited Signs. Sec. 24.9. Uniform Sign Plans Required. Sec. 24.10. [Reserved] Sec. 24.11. Specifications for Uniform Sign Plans. Sec. 24.12. Permits and Conformance to Codes. Sec. 24.13. Certificate of Appropriateness. Sec. 24.14. Design Review. Sec. 24.15. Sign Maintenance. Sec. 24.16. Situations Where Maintenance is Required. Sec. 24.17. Removal of Certain Signs. Sec. 24.18. Height of Ground Signs. Sec. 24.19. Increase in Height of Ground Signs. Sec. 24.20. Height of Wall Signs. Sec. 24.21. Sign Setback. Sec. 24.22. Types of Signs Permitted. Sec. 24.23. Number of Signs Limited. Sec. 24.24. Area of Signs Limited. Sec. 24.25. Illumination. Sec. 24.26. Temporary Special Event Signage. Sec. 24.27. Signs on Corner and Double-Frontage Lots. Sec. 24.28. Signs in PUD Zoning District. Sec. 24.29. Variances. Sec. 24.30. Criteria for Acting Upon Sign Variances. Sec. 24.31. Regulations for Signs in Historic Districts. Sec. 24.32. State Regulation of Signs. Sec. 24.33. Changeable Electronic Multiple Message Signs. Sec. 24.34 Historic District Sign Regulations

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Sec. 24.1. Objectives. The objectives of this Article include but are not limited to the following:

(a) Provide a reasonable balance between the right of an individual to identify his or her business or express their thoughts and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and advertising devices.

(b) Guard against an excess of large, aesthetically unappealing, and/or intense signs

which cause visual blight on the appearance of the community. Visual blight adversely affects the aesthetic quality of life and traffic safety in the community for residents, businesses, pedestrians, and persons in vehicles.

(c) Protect the public health, safety and general welfare while protecting the rights of

sign owners to expression and identification.

(d) Provide regulations that vary the sign area based on the zoning district.

(e) Provide regulations that are content neutral. It is not the intent to regulate the content of messages in any way. To accomplish this, these regulations do not distinguish between on-site or off-site sign content, nor do they distinguish between commercial and non-commercial content. Any sign permitted pursuant to this Article may contain commercial or non-commercial content. Sign allowances in this Article take into account the needs for off-premise signs and signs carrying messages of a non-commercial character.

(f) Protect property values by minimizing the possible adverse effects and visual blight

caused by signs.

(g) Insure that signs are compatible with adjacent land uses and with the total visual environment of the community.

(h) Eliminate excessive and confusing sign displays.

(i) Preserve and improve the appearance of the community as a place in which to live

and to work and as an attraction to nonresidents who come to visit or trade. Sec. 24.2. Authority and Scope. Findings Regarding Changeable Multiple Message Signs, Electronic. Changeable electronic multi message signs, which allow operators to change content from remote locations in a matter of seconds, have been shown to create possible threats to public safety. Such signs are erected for the purpose of trying to hold the attention of motorists by changing messages and pictures for short durations using a series of bright, colorful images produced mainly via LED (light emitting diode) technologies. Brightly lit signs that change messages every few seconds compel motorists to notice them, and they lure the attention of motorists away from what is happening on the road and onto the sign. Such signs pose public safety threats because if they attract a motorist’s attention, the motorist will look at the sign and not at the road. Changeable electronic multiple message signs are also a threat to public safety because

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of their brightness, making them visible from great distances. Due to their nature of brightness and changing displays, changeable electronic multiple message signs are more distracting than signs which do not vary the message. Some such signs could, if unregulated, have the appearance of large, plasma-screen televisions. An electronic LED display contains brightly-lit text and graphics which can be seen from hundreds of feet away, drawing the attention of everyone within view. Unless otherwise regulated, such displays can be extremely bright since they are designed to be visible in bright sunlight and at night. Furthermore, the human eye is drawn to them far more strongly than to traditional illuminated signs. Such electronic LED displays can be seen from as far away as six-tenths of a mile, making them a distraction.distracting. It takes a minimum of six seconds to comprehend the message on an electronic sign, which is three times the safe period for driver distraction. For these reasons, it is the intent of the City Council to allow changeable electronic multiple message signs subject to acceptable criteria. The City Council relies on the following studies and findings, among others, as empirical and professional justification for imposing these regulations:

1. Federal Highway Administration (FHWA). September 11, 2001. Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction.

2. University of North Carolina Highway Safety Research Center. May 2001. The

Role of Driver Distraction in Traffic Crashes.

3. University of North Carolina Highway Safety Research Center. May 2003. Distractions in Everyday Driving.

4. Pettitt, M., Burnett, G., Stevens, A. 2005. “Defining Driver Distraction.” Paper

presented at World Congress on Intelligent Transport Systems, San Francisco, November 2005.

5. Wallace, B. 2003. “Driver Distraction by Advertising: Genuine Risk or Urban

Myth?” Proceedings of the Institution of Civil Engineers Municipal Engineer 156 September 2003 Issue ME3, Pages 185-190.

6. Scenic America. “Billboards in the Digital Age: Unsafe (and Unsightly) at any

Speed.” Scenic America Issue Alert 2 Electronic Signs.

A Wisconsin Department of Transportation study examined crash rates on I-94 East and West adjacent to the Milwaukee County stadium, after a variable message sign that showed sports scores and ads had been installed and concluded that “it is obvious that the variable message sign has had an effect on traffic, most notably in the increase of the side swipe crash rate.” An analysis of the 100-Car Naturalistic Driving Study, conducted by the National Highway Traffic Safety Administration, released in 2006, showed that taking one’s eyes off the road for more than two seconds for any reason not directly related to driving (such as checking the rearview mirror) “significantly increased individual nearcrash/crash risk.” A 1998 FHWA memo noted that digital signs raise “significant highway safety questions because of the potential to be extremely bright, rapidly changing, and distracting to motorists.” A 2001 FHWA review of billboard safety studies found that “the safety consequences of distraction from the driving task can be profound.”

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7. Tantala Associates, LLC, 2010 “A Study of the Relationship Between Digital Billboards and Traffic Safety in Albuquerque, New Mexico”, March 2010.

8. Tantala Associates, LLC, 2009 “An Update of the Study of the Relationship

Between Digital Billboards and Traffic Safety in Cuyahoga, Ohio”, November 2009.

9. Tantala Associates, LLC, 2010 “A Study of Relationship Between Digital

Billboards and Traffic Safety in Henrico County and Richmond, Virginia”, November 2010.

10. Outdoor Advertising Associates of America, Inc. “Digital Billboards Today”,

March 2011. (Ord. 348-12) This Article is adopted to serve substantial governmental interests of correcting and avoiding multiple problems that would occur without the regulation of signs. The regulations contained herein are no more extensive than necessary to serve the substantial governmental interests identified in this Article. It is not the intent of this Article to regulate the content of signs, but only their composition, type, location, distance from right-of-way, height, size, illumination, and in some cases the duration they may be displayed, or other non-content basedcontent-based restrictions implied in this Article. It is not the intent of this Article to foreclose important and distinct mediums of expression for political, religious, or personal messages, on any sign permitted to be erected by this Article. These regulations shall not be construed as limiting the message content of any sign. Sec. 24.3. Definitions. For the purposes of this Article, certain terms and words are hereby defined. As used in this Article, unless the context otherwise indicates, the following words and terms shall have the meaning ascribed to them: Abandoned sign: A permanent principal use sign on property containing a building or activity that has ceased operations. Permanent principal use signs on property shall be considered abandoned when there is clear evidence that a business or activity has vacated the building or grounds.; provided, however, that this definition shall not apply to any case where a business or activity is temporarily suspended and there is evidence that the business or activity will resume operations within a six-month period. Advertising device: Any structure or device erected or intended for the purpose of displaying advertising or for which is designed to or attracts attention to the premises, situated upon or attached to real property. For purposes of this Article, an advertising device is a “sign.” Animated sign: A sign with action, motion, sound, or changing colors which accomplishes such action, motion, sound, or changing colors with or without electrical energy. This includes signs with lights or other illuminating devices that blink, flash, fluctuate, or have a changing light intensity, brightness, or color. This definition does not include a “swinging sign” or “multiple message sign” as defined by this Article. For purposes of this Article, the transition of a message on an electronic multiple message sign shall not be considered “animation.” (Ord. 348-11)

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Area of sign: The area within a continuous perimeter enclosing the limits of writing, representation, emblem, figure, or character together with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such writing, representation, emblem, figure, or character from the background against which it is placed. For double-faced signs, only the largest display face shall be measured in computing the sign area, or only one face shall be measured in computing sign area if the display faces are the same size. The display of street address on a ground sign, wall, or window shall not be computed in determining the maximum allowable area of a ground, wall, or window sign. Awning: An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable. Awning sign: An awning that contains letters, numbers, symbols, pictures, logos, or visual display, or other communication, attached, painted on, or made an integral part of an awning. For purposes of this Article, “awning signs” shall be considered “wall signs.” Banner: A sign with or without characters, letters, illustrations, or ornamentation applied to cloth, paper, plastic, or natural or synthetic fabric of any kind with only such material for a backing. For purposes of this Article, a “banner” is a “sign.” Building marker: Any sign cut into a masonry surface or made of bronze or other permanent material. Canopy, attached: A multi-sided structure or architectural projection supported by attachment to a building on one or more sides and also supported by columns at additional points. Signs placed on attached canopies are considered “wall signs” for the purposes of this Article. Canopy, freestanding: A multi-sided structure or architectural projection supported by columns. Signs placed on freestanding canopies are considered “wall signs” for the purposes of this Article.

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Canopy sign: A sign on a canopy. For purposes of this Article, a sign on a canopy is a “wall sign” (see figure, “Types of Attached Signs”). Derelict sign: A sign that is dilapidated or in such condition as to create a hazard or nuisance, or to be unsafe or fail to comply with the Building or Electrical Codes applicable in the jurisdiction.

Directory sign for multi-tenant development: A sign, distinguished from a project entrance sign, which is allowed on a premise with more than one tenant or occupants of a building. It may be freestanding or a building (wall) sign. Such signs are not usually visible from the public street right-of-way of a development which provides initial access to the property, but rather are located within the development, along a driveway, access way, or parking aisle.

Dissolve: A mode of message transition on an electronic multiple message sign accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the subsequent message. (Ord. 348-11) Double-faced sign: A sign which has two (2) display areas against each other or where the interior angle formed by the display areas is sixty (60) degrees or less, where one face is designed to be seen from one direction and the other face from another direction. Only one face shall be used in computing allowable sign area. Erect: To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or the normal maintenance or repair of a sign structure. Fade: A mode of message transition on an electronic multiple message sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. (Ord. 348-11)

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Flag: A sign with or without characters, letters, illustrations, or ornamentation applied to cloth, paper, plastic, or natural or synthetic fabric of any kind with only such material for a backing. For purposes of this Article, except as otherwise provided herein, a “flag” is a “sign.” Frontage, building: The width in linear feet of the front exterior wall of a particular building in which an establishment is located. Frontage, road: The distance in linear feet of each lot where it abuts the right-of-way of any public street. Ground sign: A permanently affixed sign which is wholly independent of a building for support (i.e., freestanding). A ground sign may consist of more than one sign panel, provided all such sign panels are attached to or integrated into one sign structure. All ground signs shall be designed in accordance with requirements of “Monument Signs” (see graphic below). Height of sign: The distance in vertical feet from the ground to the highest point of the sign, whether that highest point is the frame of the sign face or panel or the support of the sign. Highway sign: A sign within 60 feet of Interstate 985 right-of-way, oriented to and intended to be viewed by travelers on Interstate 985. Highway signs may be designed with a singular pole support. (Ord. 348-11) Holiday decorations: Displays erected on a seasonal basis in observance of religious, national, or state holidays, which are not intended to be permanent. Inflatable sign: Any sign that is or can be filled with three (3) cubic feet or more of air or gas.

Internally illuminated sign: A sign illuminated by an internal light source which is viewed through a translucent panel. Marquee sign: A sign painted on, attached to, or hung from a marquee. For purposes of this Article, marquee signs shall be considered “wall signs.” Master sign plan: A plan establishing parameters for the size, location, design, and color of signs on a property which contains multiple uses, buildings, or tenants but which is constructed or managed as a single development; or such a plan established as an alternative means of compliance to the provisions of this Article.

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Monument sign: A sign attached to a permanent foundation or decorative base that is self-supported. where the structural part of the sign below the sign face encompasses an area at least forty (40) percent of the area of the sign face but no more than 1.5 times the area of the sign face, and which is composed of brick, stone, or other material approved by the Zoning Administrator.

Monument-Style Sign Multiple message sign: A sign, display, or device which changes the message or copy on the sign. Such a change of message or copy can be accomplished electronically, or by movement or rotation of panels or slats, or by changing the copy by manual means. (Ord. 348-11) Multiple message sign, electronic: Any “sign,” as defined in this Article, which results in the illuminated display of messages or information by the use of a matrix of electric lamps (e.g., digital, LED (light emitting diode) or similar or refined display technology), or other electric methods, which allows the message change to be actuated by an electronic control mechanism. It is characteristic of such signs that the sequence of messages and the rate of change can be electronically programmed and can be modified by electronic processes. Electronic multiple message signs are also “internally illuminated signs. (Ord. 348-11) Nit: A standard unit of luminance; a measurement of direct light (i.e., looking directly at the light source), used to describe displays. A “nit” is an amount of emanating light equal to one candela per square meter (cd/m2). (Ord. 348-11)

Nonconforming sign: Any sign which lawfully existed on the effective date of this aArticle but which does not conform to the provisions of this Article, or which does not comply with this Article due to amendments to this Article since the date of erection of the sign. Pennant: A small, triangular or rectangular flag or multiples thereof, made of lightweight plastic, fabric, or other material, individually supported or attached to each other by means of a string, rope, or other material and meant to be stretched across or fastened to buildings, or between poles and/or structures, and which is designed to move in the wind. For purposes of this Article, pennants are “signs.” Portable sign: Any sign whether on its own trailer, wheels, or otherwise, which is designed to be transported from one place to another. It is characteristic of a portable sign that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols (i.e., a changeable copy sign). Even if the wheels or supports of such sign are removed and the sign converted and attached, temporarily or permanently, to the ground or other structure, said sign shall remain a portable sign. In addition, the following shall be deemed a portable sign:

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1. An umbrella used for advertising.

2. A sign mounted or painted upon a parked vehicle that is positioned for the primary purpose of acting as a sign exposed to the public and is not in use in the ordinary course of carrying out its transportation function.

3. Any sign mounted or painted upon a vehicle that projects or extends beyond the original

manufactured body proper of the vehicle, except that a vehicle may have one sign not exceeding two (2) feet in width and not exceeding one (1) foot in height mounted temporarily or permanently on the roof of a vehicle.

2. A sign mounted or painted on a junk vehicle as defined by the Zoning Ordinance of Flowery Branch

3. A sidewalk sign: A movable sign not secured or attached to the ground or surface upon which it is located.

4. Portico: A porch or walkway, open to the outside air, that is covered by a roof supported by columns or pillars, typically leading to the entrance of a building. Signs attached to porticos are considered “wall signs” for purposes of this Article. Principal use sign: Any notice or advertisement, which is permitted in conjunction with (but not necessarily containing copy specifically related to) a principal use or principal building located on the property, and which may display a noncommercial, commercial, or other message, the content of which is not regulated by this Article. Project entrance sign: A sign located at a discernible entrance into a particular subdivision, multi-family residential development, or office or industrial park. Projecting sign: A sign projecting more than fourteen (14) inches from the outside wall or walls of any building, or canopy, portico, or awning, upon which it is located (see also figure, “Types of Attached Signs”). Roof sign: A sign projecting higher than the front building wall or any sign supported by or attached to said roof. Sidewalk sign: A movable sign not secured or attached to the ground or surface upon which it is located.

Source: United States Sign Council. 2001. Guideline Code for Regulation of On-Premise Signs.



Formatted: Normal

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Sign: A lettered, numbered, symbolic, pictorial, illuminated, or colored visual display, device, or communication designed or used for the purpose of identifying, announcing, directing, informing, or bring to the attention of others the subject thereon, that is visible from the public right-of-way, a driveway or parking lot with access to a public right-of-way, or from an adjacent property, except as specifically noted otherwise in this Article. For purposes of this Article, the term “sign” includes but is not limited to “banners,” “balloons,” “flags,” “pennants,” “streamers,” “windblown devices,” and “advertising devices.” Furthermore, the term “sign” includes the sign structure, supports, lighting system, and any attachments, ornaments, or other features used to draw the attention of the observers. Signable area: In the case of a wall sign, signable area shall be the building face on which the sign is proposed, excluding windows and doors. In the case of marquees or canopies, signable area shall be the area of the marquee or canopy wall on which the sign is proposed. For window signs, signable area shall be measured and calculated on the basis of the proportion of area within each individual window frame, not the total window area of all building windows visible from a street. Sign face: That part of a sign that is or can be used for advertising purposes. Streamers: See “Pennants.” Swinging sign: A sign other than an animated sign as defined by this Article, where the sign copy area is attached to a sign structure in a way that can be set in motion with pressure, and where the sign structure is attached to a building at a height above normal eye level. This term does not include any freestanding signs. A swinging sign may be considered in lieu of permitted wall signage. Temporary sign: A sign of a nonpermanent nature and erected for a limited duration. Transition: A visual effect used on an electronic multiple message sign to change one message to another. (Ord. 348-11) Visible: Capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. Wall sign: A single-sided sign with one visible face applied to or mounted to the wall or surface of a building or structure, the display surface of which if attached to a wall or portico and does not project more than fourteen (14) inches from the outside wall of such building or structure, or if on an awning or canopy, is flush with the material of said awning or canopy (see also figure, “Types of Attached Signs”). Windblown or air-blown device: Any device not otherwise specifically defined in this Article, that is designed to inform or attract, whether or not such device carries a message, and which all or part of the device is set in motion by wind or mechanically compressed air. For purposes of this Article, windblown devices are “signs.” Window sign: A sign installed on or within two (2) feet of an exterior window or door and intended to be visible from the exterior of the building. Displays which show products or depict services sold on the premises and which are more than two (2) feet from an exterior window or door shall not be classified as window signs (see also figure, “Types of Attached Signs”).

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Sec. 24.4. Applicability. No sign shall be erected, placed, established, painted, created, or maintained, except in conformance with this Article. Sec. 24.5. Nonconforming Signs. A sign that lawfully existed on the effective date of this zoning ordinance may continue to be used, except that the nonconforming sign:

(a) Shall not be repaired, rebuilt, replaced or altered after damage exceeding 50 percent of its replacement cost at the time of damage.

(b) Shall not be enlarged or altered in a way that increases its nonconformity or value,

including additional lighting. (Ord. 348-11)

(c) A nonconforming sign that is a multiple message sign but the messages are

changeable only by manual means may continue to have its copy changed, and change copy, by any manual means. A nonconforming sign that is a multiple message sign but the messages are changeable by means of the movement or rotation of panels or slats may continue to have its copy changed, and change copy, by any such same means. A non-conforming sign that does not meet the definition of a “multiple message sign, electronic” as defined in this Article at the time it was nonconforming shall not be changed, modified, or retrofitted in any way so as to become a “multiple message sign, electronic.” (Ord. 348-11)

(d) This Section shall not apply to any sign which according to the application of state or

federal law or rule is allowed to remain or to be rebuilt or reconstructed, unless just compensation is paid.

Sec. 24.6. Sign Limitations When Nonconforming Sign Exists. No sign or advertising device shall be erected for the same establishment on the same lot with an existing nonconforming sign until the nonconforming sign has been removed or made to conform to the provisions of this Article. Sec. 24.7. Exempt Signs. The following types of signs are specifically exempted from compliance with this Article.

(a) Flags, as many as four per lot, when designed and displayed in a way that allows for routine, daily raising and lowering of the flags, not exceeding forty (40) square feet. Poles for such flags shall not exceed twenty-five (25) feet in height. This provision does not permit or allow for the placement of small flags attached to vehicles, light poles, or other means other than that specifically described in this paragraph.

(b) Street address identifiers and building identification numbers on multi-tenant

buildings which are essential to the location of such buildings.

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(c) Signs not oriented or intended to be legible from a public right-of-way, private road or

driveway, or other private property. Signs or stickers which are designed to be read only from close range (i.e., five feet), attached to a device or structure more than twenty-five (25) feet from the right-of-way of a road, not to exceed one (1) square feet each sign or sticker. Examples include but are not limited to the following: lettering, credit card stickers, and inspection certificates on gasoline pumps; “flammable” signs on enclosures for fuel canisters, and similar information.

(d) Display boards located next to drive-through lanes, not exceeding six (6) feet in

height or thirty-six (36) square feet in area.

(e) Signs erected more than two (2) feet inside a building.

(f) Building markers and integral decorative or architectural features.

(g) Traffic safety and traffic directional signs, installed within the right-of-way of a public street under the authority of the government with jurisdiction.

(h) Traffic safety and traffic directional signs (including direction of travel, speed limits,

etc.) along private streets and driveways, and in off-street parking lots that are installed per the requirements of this ordinance and/or the Zoning Administrator and which do not exceed four (4) square feet each.

(i) Directory signs for multi-tenant developments, as defined by this Article, which do not

exceed four (4) square feet each nor six (6) feet in height.

(j) Public notice signs and signs of a public interest, erected by or on the order of a public officer in the performance of his duty.

(k) Holiday lights and decorations.

(l) Handicapped parking signs, when required per local, state or federal law.

In any case where a sign of a certain size is exempted by this Section, and an applicant desires to erect a larger size sign than the area of sign exempted but said sign is not allowed, said sign shall only be permitted only upon approval of a variance in accordance with the provisions of this Article. Sec. 24.8. Prohibited Signs. The following signs and devices shall be prohibited:

(a) Animated signs, but not including multiple-message signs and multiple-message signs, electronic, as defined. (Ord. 348-11)

(b) Derelict signs.

(c) Inflatable signs, except as may be permitted in association with a temporary event

approved by the Zoning Administrator.

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(d) Pennants, streamers, and wind-blown or air-blown devices.

(e) Portable signs.

(f) Roof signs.

(g) Signs painted on or attached to a utility pole, or painted on or attached to tree, rock or other natural feature.

(h) Signs lit with neon, including neon lighting outlining of windows, doors, or other parts

of a building or structure, but excluding incidental signs internal to an establishment and not visible at a distance of more than two feet outside the establishment.

(i) Signs attached to freestanding walls (including retaining walls) or fences or poles.

(j) Any flag for which there is no symbol, emblem, text, number, or copy whatsoever on

the flag (i.e., colored flags with no message).

(k) Any sign erected or maintained where, by reason of its position, wording, illumination, size, shape or color, it may obstruct the view of oncoming vehicles or impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal, or device. No sign shall contain or be an imitation of an official governmental traffic control sign, signal, or emergency vehicle device.

(l) Any sign erected, located, or maintained in such a manner as to interfere with safe

and free ingress and egress of any door, emergency exit, driveway, street, or roadway.

(m) Any sign that interferes with utilities such as water mains and hydrants, sanitary

sewerage, gas, electricity, and communications equipment or lines, or that interfere with natural or manmade storm water drainage facilities.

(n) Strings of lighted bulbs, except as part of holiday decorations.

Sec. 24.9. Uniform Sign Plans Required. A uniform sign plan is required for any multi-tenant nonresidential development containing three or more buildings before any building signs or freestanding signs for the development or the development’s tenants may be erected on the property. The purpose of a uniform sign plan is to ensure that individual establishments within a multi-tenant nonresidential development are coordinated with regard to design features, such as color, font, design of sign face, sign face module, sign structure, etc.. Sec. 24.10. [Reserved] Sec. 24.11. Specifications for Uniform Sign Plans. Uniform sign plans, when required or when proposed for purposes of modifying the requirements of this Article, shall at minimum consist of the following:

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(a) Drawings and specifications as may be required to clearly illustrate the location, materials, size, letter style, and color of all signs to be placed as freestanding and building signs within the development.

(b) Design standards such that signs of a similar type and function within the

development shall have a consistency of size, lettering style, color scheme, and construction materials so as to present a unified design concept while respecting the differences between tenant types and occupancies.

Following approval by the Zoning AdministratorCity, the requirements of the uniform sign plan shall be referenced in documents involving the sale, lease, or other transfer of right of occupancy affecting any part of the development. Upon such approval, said uniform sign plan shall be binding on the owner, and any lessees, subtenants, purchasers, or other occupants, until or unless the uniform sign plan is replaced with another approved uniform sign plan. Sec. 24.12. Permits and Conformance to Codes.

(a) Any freestanding or building sign that requires a building permit according to the Building Code applicable in the jurisdiction shall be obtained prior to installation or placement of any such freestanding or building sign. Complete permit applications shall be processed within thirty (30) working days.

(b) All signs for which a building permit is required shall be constructed and maintained

in conformance with all applicable Building Code requirements. All electrical service to a sign shall be in compliance with the applicable Electrical Code., and an electrical permit if required shall be obtained.

(c) If plans are required for issuance of a building permit for a sign, the plans shall be

certified as to conformance with all structural and wind-load resistive standards of the applicable Building Code by a structural engineer registered in the State of Georgia, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the applicable Building Code.

Sec. 24.13. Certificate of Appropriateness. Signs are external environmental features that can detract from historic character if not considered in the proper context. Signs located in a designated historic district or otherwise subject to the jurisdiction of the Historic Preservation Commission shall require a Certificate of Appropriateness to be issued by the Historic Preservation Commission. In approving signs, the Historic Preservation Commission may rely on design guidelines approved by the Governing BodyCity Council or the Historic Preservation Commission. Sec. 24.14. Design Review. In cases where a Certificate of Appropriateness is not required, principal ground signs shall not require design review and approval by the Zoning Administrator, even if design review and approval is required by this zoning ordinance for the development on which such sign is to be placed. Sec. 24.15. Sign Maintenance.

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All signs, together with all their supports, braces, guys, and anchors shall be kept in good repair and condition. Sec. 24.16. Situations Where Maintenance is Required. Upon discovery of a sign in need of maintenance, the Zoning AdministratorCity shall give written notice to the owner of the sign or the owner of the property on which the sign is located if the owner of the sign itself cannot be determined. Said notice shall state the item or items requiring repair or maintenance. The owner shall have thirty (30) days in which to repair or maintain the sign before a citation is issued. If the owner has failed to make repairs or the necessary maintenance within that time, the Zoning Administrator shallCity initiate enforcement proceedings as required to cure violation of this Article. Situations constituting the need for maintenance include but are not limited to the following (other similar conditions of disrepair or lack of maintenance may be determined):

(a) Lettering or other elements of the sign have become detached or have fallen off the sign or become misaligned.

(b) Painted surfaces on the sign or sign structure have begun to peel, flake over a

significant portion of the sign, or have faded or oxidized to an extent that the sign no longer displays the message as originally intended.

(c) A significant number of the bricks, stones, or other materials on the structural base of

a sign have become detached or have fallen off, or have become misaligned. Sec. 24.17. Removal of Certain Signs.

(a) Unlawful signs. If any sign is installed, erected, or constructed in violation of this

Article, the owner or person or firm maintaining the sign shall, upon notice either written or verbal notification from the Zoning Administrator, removeCity shall remove prohibited signs immediately. If the sign will require additional time to remove, because of its structure or size, then a reasonable time frame will be given by the Zoning AdministratorCity in which the signage is to be removed. Any such sign not removed or properly altered within the time period allotted from the notice, may then be removed by the City and all costs charged to the owner, agent, or person having beneficial interest of the building or premises upon which such sign was located, or in the sign itself.

(b) Derelict signs. Should any sign become insecure or in danger of falling or otherwise

unsafe in the opinion of the Zoning AdministratorCity, the owner or person or firm maintaining the sign shall, upon written notice from said enforcement officer, forthwith in the case of immediate danger and in any case within ten (10) days, remove such sign or secure it in a manner approved by the Zoning AdministratorCity. Any such sign not removed or secured within ten (10) days from the written notice may be removed by the City and all costs charged to the owner, agent, or person having beneficial interest of the building or premises upon which such sign was located, or in the sign itself.

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(c) Signs of a temporary or quasi-temporary nature. Pennants, streamers, banners, wind-blown devices, and temporary signs that do not conform to the provisions of this Article upon its adoption or amendment shall be removed within five (5) daysimmediately.

(d) Change or removal of discontinued signs. When a property owner has a lawful and

conforming freestanding or building sign that no longer is used by a business or establishment, and the owner desires to retain said sign, this section shall apply in order to retain said freestanding sign as a lawful sign. If the discontinued freestanding sign or building sign contains a sign face that is in the form of a removable sign face module, the removable sign face module containing advertising shall be removed and replaced with a panel of like or similar appearance without advertising until another use is lawfully established. If a discontinued freestanding sign or building sign contains a sign copy area that is not removable, then the said sign shall be removed or the copy area shall be painted over or otherwise modified as approved by the Zoning Administrator to conceal the advertising.

Sec. 24.18. Height of Ground Signs. The maximum height of any ground (freestanding) sign regulated by this Article, except as otherwise specifically provided in this Ordinance, as measured from road grade, shall be as follows:

(a) One Hundred (100) feet, within 660 feet of the right-of-way of Interstate 985, for highway signs only, on properties zoned HB (Highway Business), M-1 (Light Industrial), and M-2 (Heavy Manufacturing and Industrial) only. (Ord. 348-11; Ord. 348-13)

(b) Fifteen (15) feet for signs on properties in HB (Highway Business), M-1 (Light

Industrial), and M-2 (Heavy Manufacturing and Industrial) zoning districts; provided, however, that for properties with a land area of 35 acres or more and fronting on an interchange of Interstate 985 shall be permitted to have up to two ground signs (where permitted) not to exceed Thirty (30) feet in height. (Ord. 348-11; Ord. 348-13)

(c) Ten (10) feet in NS (Neighborhood Shopping) and CBD (Central Business District)

zoning districts. (Ord. 348-11; Ord. 348-13)

(d) Ten (10) feet for signs zoned in the O-P (Office-Professional), INST (Institutional), TND (Traditional Neighborhood Development), and R-3 (Residential Multi-Family) zoning districts. (Ord. 348-11; Ord. 348-13)

(e) Six (6) feet maximum height for signs on properties in A (Agricultural), R-1

(Residential Low-Density), and R-2 (Residential Moderate-Density) zoning districts. This provision shall not apply to subdivision identification monuments, which shall not exceed eight (8) feet in height. (Ord. 348-13)

Sec. 24.19. Increase in Height of Ground Signs. The maximum height established by this Article shall apply to any sign, except that where a ground sign is proposed on property or portion thereof situated below road grade, if the maximum height permitted would prevent adequate visibility as determined by the Zoning

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Administrator, the height of a ground sign may be increase by up to six (6) feet higher than the maximum height established in this Article; provided however, that this provision shall not apply to highway signs, as defined. Sec. 24.20. Height of Wall Signs. No wall sign shall exceed the height of the building or structure on which it is placed. Sec. 24.21. Sign Setback. There shall be minimum required setback for ground signs of two (2) feet., except that temporary signs shall be erected no closer than ten (10) feet from a county, state, or federal road right-of-way. Sec. 24.22. Types of Signs Permitted. In addition to the general provisions regulating signs established in this Article, sign permissions shall be based on the types of sign permitted, and the zoning district according to Table 24.1 and 24.2 of this Article. When the land use is mixed or not clearly evident to the administrative officer, the property in question shall be granted privileges for the commercial zoning district in which it is located or zoning district most closely associated with the most intense use of the property. the Zoning Administrator shall make the final determination. Sec. 24.23. Number of Signs Limited.

(a) Unless specifically provided otherwise in Tables 24.1 and 24.2 of this Article, a property shall be limited to only one (1) sign of the type permitted.

(b) No sign shall be erected to exceed the maximum number of signs as specified in

Tables 24.1 and 24.2, as applicable. Sec. 24.24. Area of Signs Limited. No sign shall exceed the maximum area of the sign as specified for the type of sign in Tables 24.1 and 24.2 of this Article.

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Table 24.1

Sign Area Permitted bBy Sign Type by for Residential Zoning Districts (Numbers are Square Feet)

Type of Sign (number permitted) A R-1 R-2 R-3 MHP TND

Ground sign (1 per road frontage) 6 6 6 6 6 6

Temporary ground sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction (1 per road frontage)

6 6 6 6 6 6

Temporary wall or window sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction

6 6 6 6 6 6

Project entrance ground sign (2 per entrance to subdivision), federal or state highway

32 32 32 32 32 32

Project entrance ground sign (2 per entrance to subdivision), all other routes

16 16 16 16 16 16

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Table 24.2

Sign Area Permitted yBy Sign Type by for Nonresidential Zoning Districts (Numbers are Square Feet)

Type of Sign (number permitted) O-P and INST

Zoning Districts

NS and CBD Zoning

Districts

HB, M-1 and M-2 Zoning

Districts (Ord. 348-13)

Ground sign, lot containing a single non-residential use (1 per road frontage on interstate highway)

48 72 96

Ground sign, lot containing a single non-residential use (1 per road frontage on all other routes)

24 24 48

Multi-tenant ground sign, lot containing multiple non-residential or permitted principal uses only (1 per frontage on interstate highway)

96 96 135

Multi-tenant ground sign, lot containing multiple non-residential or permitted principal uses only (1 per frontage on all other routes)

48 48 96

Wall sign, on building containing a single non-residential permitted principal use (1 per road, interstate highway or driveway frontage)




Wall sign, on building containing multiple tenants (non-residential permitted principal use)







Wall sign, Secondary, allowed for a non-residential building space 16,000 square feet or more, on the principal building frontage only (2 per principal building frontage)

35 (all secondary

wall signs)

35 (all secondary

wall signs)

35 (all secondary

wall signs)

Wall sign on freestanding canopy (1 per canopy wall)




Temporary ground sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction (1 per road frontage on interstate highway)

24 32 9632

Temporary ground sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction (1 per road frontage on all other routes)

16 24 32

Temporary special event signage See Sec. 24.26 for

requirements

See Sec. 24.26 for

requirements

See Sec. 24.26 for

requirements

Window signage 25% of window area

25% of window area

25% of window area

Highway sign (1 per each 1,000 linear feet of frontage on I-985, spaced no closer than 660 feet of another highway sign)

X X 672

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(Ord. 348-11; Ord. 348-13)

Sec. 24.25. Illumination.

(a) Signs in single-family residential zoning districts shall not be illuminated.; except that an approved nonresidential use in a residential district if a sign is permitted may be illuminated but not internally illuminated.

(b) Externally illuminated signs shall be lighted by a white, steady stationary light of

reasonable intensity shielded and directed solely at the sign, so as not to cause glare or spill light into the road right-of-way or up into the sky.

(c) Neon tubing shall not be physically connected to any sign, and neon light outlining of

windows, doors, buildings or other use of neon shall not be permitted.permitted. Sec. 24.26. Temporary Special Event Signage. (Ord. 348-11) Temporary signs and advertising devices may be permitted on commercial, industrial and institutional properties subject to the issuance of a special event sign permit by the Zoning Administrator. Such temporary signs and advertising devices shall conform to the following:

(a) Only four temporary special event sign permits shall be issued to any one business or institution in any calendar year.

(b) Permit shall be valid for a maximum of thirty (30) days.

(c) One banner shall be permitted per business, which shall not exceed thirty-two (32)

square feet in size or fifteen (15) feet in height. Such banner may be temporarily placed on the subject property or attached to a building wall. In addition to a banner, two temporary ground signs for each roadway frontage not exceeding four square feet each shall be permitted per lot. For lots with buildings containing multi tenants and where businesses have applied for simultaneous special event signs, no more than three temporary ground signs may be permitted per roadway frontage at any one time.

(d) In lieu of a banner or temporary ground signs referenced in note (c) above, one gas

or air-filled advertising device may be permitted per lot, not to exceed a height of fifteen (15) feet.

(e)(d) Pennants, streamers, and other wind-blown devices shall not be permitted as part of

a temporary special event sign permit. Sec. 24.27. Signs on Corner and Double-Frontage Lots.

(a) Wall signs. With regard to wall sign allowances, if a building, structure, or freestanding canopy faces more than one road frontage, each wall facing a road frontage shall be permitted to have the sign area specified for such building, structure, or freestanding canopy in this Article.

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(b) Ground signs. With regard to ground sign allowances, if a property faces more than one road frontage, each road frontage shall be permitted to have the number of signs and sign area specified for such property in this Article.

(c) Transfer of allowances between road frontages. The sign area allotted to one road

frontage or building frontage shall not be transferred to another road frontage or building frontage.

(d) More than two frontages. If a property has more than two road frontages and/or

building faces, it shall be permitted ground and wall signage on only two of the property frontages or building faces, respectively.

Sec. 24.28. Signs in PUD Zoning District. For signs in the PUD zoning district, each development shall conform to the sign regulations established as part of the zoning approval for the development. If no such regulations exist, each portion of a development existing on the effective date of this zoning ordinance shall not exceed the sign permissions of this Article for the zoning district most comparable to that portion of the development, as determined by the Zoning Administrator. Any sign which has not been previously approved as part of the zoning approval for the development or subsequently permitted and erected shall require submission and approval of a uniform sign plan as specified in this Article. Sec. 24.29. Variances.

(a) Application. A request for a variance to the provisions of this Article may be initiated by a property owner or his authorized agent by filing an application with the Zoning Administrator.

(b) Application Requirements. The application shall be accompanied by an elevation

drawing and/or plot plan, drawn to scale, showing the dimensions and arrangement of the proposed sign. The Zoning Administrator may require other information about the variance requested and its relationship to the surrounding properties. Variance applications shall be accompanied by a fee as established by the Governing Body by resolution from time to time.

(c) Procedure. Upon the filing of any complete application for a variance, a public

hearing shall be scheduled and held by the Governing Body on the proposed vari-ance. The Governing Body’sCity Council’s meeting shall be a public hearing and the Governing Body shall hold a public hearing on any variance application. Public notice of the variance application shall be published in a newspaper of general circulation in the local jurisdiction at least fifteen (15) days prior to the first scheduled public hearing of the Governing Body.City Council Such notice shall state the purpose, location, time and date of the public hearing, and the nature of said application.

(d) Authority. The Governing BodyCity Council shall have authority to grant variances to

this Article, upon application by a property owner and after receiving comment and recommendations by the Zoning Administrator and after holding a public hearing.

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(e) Notification Following Decision. The Governing BodyCity Council shall render a decision in writing within thirty-two (32) days after the initial public hearing on the proposed variance. The Zoning Administrator shall notify the applicant, in writing, of the Governing Body’sCouncil’s decision within five (5) days after it has rendered its decision.

Sec. 24.30. Criteria for Acting Upon Sign Variances. In acting upon variances, the Zoning Administrator shall submit written findings and the Governing BodyCity Council shall consider the following criteria and the extent to which they support or fail to support the sign variance application:

(a) Whether there are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result of the owner’s or occupant’s own actions. Such conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot.

(b) As a result of such unusual circumstance or conditions, there is an unnecessary

hardship or practical difficulty that renders it difficult to carry out the provisions of this Article.

(c) The authorization of such variance will not be materially detrimental to the public

welfare or injurious to property in the vicinity or district in which property is located, and the variance will be in harmony with the general purposes and intent of the provisions of this zoning ordinance.

(d) The variance approved is the minimum variance that will make possible the legal use

of the sign. Sec. 24.31. Regulations for Signs in Historic Districts. Notwithstanding regulations of this Article to the contrary, signs within the Historic District shall require conformance to the City of Flowery Branch Historic District Sign Ordinance (Ordinance No. 441), as may be amended from time to time. (Ord. 348-11) Sec. 24.32. State Regulation of Signs. Where state sign law (see O.C.G.A. 32-6) and/or regulations apply, and there is conflict or overlap with this ordinance, the more restrictive requirements shall govern. Sec. 24.33. Changeable Electronic Multiple Message Signs.

(a) Definition. For purposes of this Section, “electronic multiple message sign” shall

mean any sign, as defined in Sec. 24.2 of this Article other than a public variable message sign, which is erected by a city, county, or state government for traffic communications purposes which results in the illuminated display of messages or information by the use of a matrix of electric lamps (e.g., digital, LED (light emitting diode) or similar or refined display technology), movable discs, movable panels, light apertures, or other methods, which allows the message change to be actuated by a

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control mechanism rather than manually changing the message; and which changes the message more often than twice daily. It is characteristic of such signs that the sequence of messages and the rate of change can be electronically programmed and can be modified by electronic processes.

(b) Purposes. This Section establishes requirements associated with the changeable

electronic multiple message signs, including but not limited to the duration of message, transition time, light intensity, malfunction, and permitting, to ensure reasonable and safe standards are met to protect the motoring public.

(c) Zoning Districts Permitted. Such signs shall only be permitted in HB (Highway

Business), M-1 (Light Manufacturing and Industrial), and M-2 (Heavy) Manufacturing and Industrial) zoning districts. (Ord. 348-13)

(d) Area and Height. No such sign shall exceed the area or height specified for the type

of sign for which it is defined and permitted under the terms of this Article.

(e) Separation. For Highway Signs and any other sign regulated by the Georgia Department of Transportation, no such sign shall be located within 5,000 feet of another changeable electronic multiple message sign on the same side of the highway and no such sign shall be within a 2,600 foot radius of another changeable electronic multiple message sign. For all other signs, no such sign shall be located within a 1,000 foot radius of another changeable electronic multiple message sign. (Ord. 348-12)

(f) Nature of the Display. Nothing in this Section shall be construed to permit or

authorize the flashing or variation of light intensity of an individual message; such flashing or variation constitutes an “animated sign” as defined in Sec. 24.2 and prohibited by Sec. 24.8 of this Article.

(g) Duration of Message. Each multiple message shall remain fixed for at least 10

seconds. (Ord. 348-12)

(h) Transition Time. When a message is changed, it shall be accomplished in less than one-tenth (1/10th) of a second and shall not use fading, swiping, or other animated transition methods.

(i) Illumination and Brightness. No electronic multiple message signs may be of such

intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver’s operation of a motor vehicle. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. The maximum illumination, intensity, or brightness of electronic signs shall not exceed 5,000 nits (candelas per square meter) during daylight hours, or 500 nits (candelas per square meter) between dusk to dawn. The sign must have an automatic phased proportional dimmer control, photocell or other light sensing device, or a scheduled dimming timer, or another approved device, which produces a distinct illumination change that reduces nighttime brightness levels (compared to daytime brightness levels). The applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set or can be programmed not to exceed the levels specified in this subsection; end-user manipulation of pre-set levels or to exceed those

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specifications herein shall not be permitted. Unless another industry standard is accepted, the measurement for purposes of this paragraph shall be at any point ten (10) feet from the surface of the electronic multiple message sign. (Ord. 348-11)

(j) Freeze of Display When Malfunction Occurs. Such signs shall include a default designed to freeze a display in one still position if a malfunction occurs.

(k) Sequencing of Messages Prohibited. Using two or more successive screens to

convey a message that will fit on one (1) screen shall be prohibited.

(l) Permit Requirements. In addition to those permit requirements established in Section 24.12 of this Article relative to permits for signs generally, the Zoning Administrator is authorized to impose additional permit requirements specific to changeable electronic multiple message signs and applications therefor, including but not limited to the following:

1. Description or graphic depiction of the type of internal illumination technology;

and 2. A drawing or schematic prepared by an illumination engineer showing the

amount of light designed to emanate from the proposed sign at the highway or public road to which the sign is directed, and at any highway or public road to which the proposed sign is visible. Said drawing or schematic shall show either is of foot-candles, (i.e., connecting points of equal light illumination levels, similar to a topographic contour), nits or a photometric grid with individual spot readings (Ord. 348-13); and

3. A statement certified by an engineer, acceptable to the Building Inspector,

demonstrating that the weight of the sign upon installation has sufficient footing and other characteristics sufficient to ensure the sign will be safely secured and able to withstand wind resistance as may be customary for similar structures according to the applicable Building Code; and

4. Other information as may be reasonably required by the Zoning Administrator to

ensure compliance with the purpose and regulations of this Section, Article 24 of this Zoning Ordinance, and the purposes and intentions of this Zoning Ordinance generally.

These permit requirements shall be submitted on application forms prepared by the Zoning Administrator. These permit requirements are applicable to both the construction of a new changeable electronic multiple message sign and the re-facing of an existing sign with a changeable electronic multiple message sign.

24.34 HISTORIC DISTRICT SIGN ORDINANCE ARTICLE 1 GENERAL PROVISIONS Sec. 1.1. Title. Sec. 1.2. Purpose and Intent. Sec. 1.3. Applicability.

Commented [RA1]: Check sign permit applications; update fees

Formatted: Font: Bold

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Sec. 1.4. General Provisions. Sec. 1.5. Definitions, Interpretations, and Conflicts Sec. 1.6. Relationship to Zoning and Other Ordinances. Sec. 1.7. Content of Signs Not Regulated. ARTICLE 2 DESIGN REQUIREMENTS Sec. 2.1. Proportionality. Sec. 2.2. Sign Materials. Sec. 2.3. Professional Fabrication. Sec. 2.4. Shape. Sec. 2.5. Illumination of Signs. ARTICLE 3 TYPES OF SIGNS PERMITTED; REQUIREMENTS Sec. 3.1. Generally. Sec. 3.2. Wall Signs. Sec. 3.3. Canopy and Awning Signs. Sec. 3.4. Window Signs. Sec. 3.5. Projecting Signs. Sec. 3.6. Door Signs. Sec. 3.7. Display Boards. Sec. 3.8. Permanent Principal Use Ground Signs. Sec. 3.9. A-Frame Signs. Sec. 3.10. Historic Markers. Sec. 3.11. Temporary Signs. Sec. 3.12. Special Event Signage. ARTICLE 4 REVIEW AND APPROVAL PROCEDURES Sec. 4.1. Applications Involving Buildings with Multiple Tenants or Uses. Sec. 4.2. Buildings with More than One Building Frontage or Façade. Sec. 4.3. Criteria for Certificates of Appropriateness Generally. Sec. 4.4. Specific Criteria for Signs. Sec. 4.5. Signs Consistent with Uniform Sign Plans. ARTICLE 5 ADMINISTRATION AND ENFORCEMENT Sec. 5.1. Administration. Sec. 5.2. Appeals. Sec. 5.3. Variances. Sec. 5.4. Enforcement and Penalties. ARTICLE 6 LEGAL STATUS PROVISIONS Sec. 5.1. Repealer. Sec. 5.2. Severability. Sec. 5.3. Effective Date.

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ARTICLE 1 GENERAL PROVISIONS Sec. 1.1. Title. Sec. 1.2. Purpose and Intent. Sec. 1.3. Applicability. Sec. 1.4. General Provisions. Sec. 1.5. Definitions, Interpretations, and Conflicts. Sec. 1.6. Relationship to Zoning Ordinance Provisions for Signs. Sec. 1.7. Content of Signs Not Regulated. Sec. 1.1. Title. This ordinance shall be and is known and may be cited as the “Flowery Branch Historic District Sign Ordinance.” Sec. 1.2. Purpose and Intent. Signs play an important role in the attractiveness and appearance of Flowery Branch’s Historic District. The design, size, number, and placement of signs contribute to the overall environment of the building, street, and district. Because signs strongly influence the perception of the establishment, building, street view, and the historic district, there is a public interest in ensuring that signs are well designed and carefully placed and properly maintained in accordance with the overall desired character of the Flowery Branch Historic District. This ordinance supplements existing sign regulations of the Flowery Branch Zoning Ordinance (Ordinance No. 348 Article 24) with sign regulations specifically designed to ensure compatibility and pedestrian scale of all signage in the Flowery Branch Historic District. Sec. 1.3. Applicability. This ordinance shall apply within the Historic District in the City of Flowery Branch, as designated by ordinance (Ordinance No. 376) and as may be amended from time to time. If a particular property is added to the City of Flowery Branch Historic District, as established in Ordinance No. 376, said property shall automatically be subjected to the requirements of this ordinance. If a particular property is lawfully removed City of Flowery Branch Historic District, as established in Ordinance No. 376, said property shall no longer be required to comply with the requirements of this Ordinance. If the City of Flowery Branch designates a historic property by ordinance after the effective date of this ordinance, development within said property designated a historic landmark or historic property shall require compliance with the provisions of this ordinance. Sec. 1.4. General Provisions. No sign shall be permitted, erected, established, or allowed to be erected or established, within the area governed by this ordinance, unless it is in conformity with this ordinance. It shall be

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unlawful to erect any sign in the area governed by this ordinance unless a certificate of appropriateness is granted by the Historic Preservation Commission, except as may be authorized by the Zoning Administrator pursuant to authority of this Ordinance or the city’s Historic Preservation Ordinance (Ordinance No. 375) to issue certain sign permits, exemptions, and temporary sign permits without the approval of the Historic Preservation Commission. Sec. 1.5. Definitions, Interpretations, and Conflicts.

(a) Definitions. Definitions of the types of signs and sign-related definitions shall be as defined in Article 24, Sec. 24.3, of the Flowery Branch Zoning Ordinance. Definitions of terms related to historic preservation shall be as defined in the Flowery Branch Historic Preservation Ordinance (Ordinance No. 375). Definitions of terms related to historic preservation provided in the Georgia Historic Preservation Act, O.C.G.A. § 44-10-22 shall also apply in the administration of this ordinance and shall control in the event of a conflict in the interpretation of definitions applicable in the administration of this Ordinance.

(b) Interpretations of Terms Not Defined. If a particular word, term, or phrase is not

defined in the Flowery Branch Zoning Ordinance or other ordinance or state law referenced in this ordinance, and such term is not explicitly defined herein or implicit in the provisions of this Ordinance, the Zoning Administrator shall be authorized to interpret the meaning of the term in question using customary dictionary definitions or other appropriate means.

(c) Additional Interpretations. Where this ordinance uses the term “shall,” it shall be

considered mandatory to comply with a provision using that term. Where this ordinance uses the term “should,” it shall be considered a guideline (strongly recommended but discretionary as to whether the provision using that term is complied with). In cases where an applicant wants to establish a sign in a manner that is inconsistent with a guideline or other statement using the word “should,” it shall be the responsibility of an applicant to demonstrate why the guideline cannot be complied with. In this sense, guidelines can form the basis for decision-making under the terms of this ordinance and may be used to disapprove sign permit applications. Similarly, when the term “should” is used, the Historic Preservation and Zoning Administrator (whichever has jurisdiction over the determination) are authorized to waive the applicability of one or more guidelines or statements using the word “should.”

(d) Relationship to State Law. This ordinance shall not be construed as providing

authority for actions which are not specifically authorized by the Georgia Historic Preservation Act (O.C.G.A. § 44-10-20 et seq.).

(e) Remedy for Conflicts. In the event that this Ordinance conflicts with the provisions of the City’s Historic Preservation Ordinance (Ordinance No. 375), the provisions of this Ordinance shall control. In the event of any other conflicts between this Ordinance and other municipal ordinances, the provisions of this Ordinance shall control.

Sec. 1.6. Relationship to Zoning Ordinance Provisions for Signs.

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(a) Exempted signs. Signs that are exempted by Sec. 24.7 of the Flowery Branch Zoning Ordinance shall be similarly exempt from the requirements of this Ordinance, and no Certificate of Appropriateness shall be required for any such exempted signs.

(b) Prohibited Signs. Signs that are prohibited by Sec. 24.8 of the Flowery Branch

Zoning Ordinance shall be prohibited in the area subject to this Ordinance.

(c) Maintenance and Removal of Signs. Provisions regarding the maintenance and removal of signs as specified in Article 24 of the Flowery Branch Zoning Ordinance shall continue to apply to all signs that are regulated by this Ordinance.

(d) Nonconforming Signs. Sec. 24.5 and Sec. 24.6 of the City of Flowery Branch

zoning ordinance, regarding nonconforming signs, shall apply to signs that do not conform to the provisions of this Ordinance.

(e) Permitted Signs. The regulations specifying the types and numbers of signs, as

provided in Article 24 of the Flowery Branch Zoning Ordinance, shall be inapplicable and superseded by the provisions of this Ordinance.

(f) Dimensional Requirements. Height, setback, and area requirements for signs by

zoning district, as provided in Article 24 of the City of Flowery Branch Zoning Ordinance, shall be inapplicable and superseded by the provisions of this Ordinance.

(g) Special Event and Temporary Signage. Sec. 24.26 of the Flowery Branch Zoning

Ordinance shall continue to apply, and property owners in the Flowery Branch historic district may apply for permits for temporary signs and special events..

(h) Permits and Codes. Provisions that require a permit for signs, and the process of

considering sign permits, as provided in Sec. 24.12 of the City of Flowery Branch Zoning Ordinance, shall continue to apply.

Sec. 1.7. Content of Signs Not Regulated. The content of signs is not regulated by this ordinance, and the content of the message to be conveyed shall not be considered in making decisions pursuant to this ordinance.

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ARTICLE 2 DESIGN REQUIREMENTS Sec. 2.1. Proportionality. Sec. 2.2. Sign Materials. Sec. 2.3. Professional Fabrication. Sec. 2.4. Shape. Sec. 2.5. Illumination of Signs. Sec. 2.1. Proportionality. Signs shall be sized in proportion to the building. Notwithstanding the maximum areas allowed under the terms of this ordinance, an individual sign may be disapproved if it is found to be excessive or non-proportional in relation to the building on which it is placed or which it serves. Sec. 2.2. Sign Materials.

(a) Exposed surfaces of signs must be constructed of or appear to be constructed of metal, glass, stone, concrete, brick, or wood, or similar approved material. If synthetic materials are authorized, they shall have the same finished appearance as the materials specified here.

(b) Plastic substrate, plywood or unfinished wood are not appropriate materials for signs and shall not be permitted.

Sec. 2.3. Professional Fabrication. Unprofessionally fabricated signs shall not be approved. Hand painted or hand made signs may be submitted for approval but if they are deemed unprofessional in appearance they shall be rejected. Sec. 2.4. Shape. Signs should typically be square or rectangular; provided, however, this shall not prevent the Historic Preservation Commission from approving individual signs that may be circular or some other shape, or shaped like a particular object (e.g., a sign in the shape of a shoe for a shoe store). Sec. 2.5. Illumination of Signs.

(a) Internally illuminated signs, and internally illuminated awnings are not appropriate in the historic district and shall not be permitted.

(b) Neon lighting is not permitted in the area subject to this ordinance.

(c) No animated, flashing or electronically changeable copy signs shall be permitted.

(d) No colored lights shall be used.

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(e) If signs are illuminated, they shall be externally lit. Lighting directed toward a sign shall be shielded or recessed so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or sidewalk (see figure).

8

’-0

” m

ax

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ARTICLE 3 TYPES OF SIGNS PERMITTED; REQUIREMENTS Sec. 3.1. Generally. Sec. 3.2. Wall Signs. Sec. 3.3. Canopy and Awning Signs. Sec. 3.4. Window Signs. Sec. 3.5. Projecting Signs. Sec. 3.6. Door Signs. Sec. 3.7. Display Boards. Sec. 3.8. Ground Signs. Sec. 3.9. A-Frame Signs. Sec. 3.10. Historic Markers. Sec. 3.11. Temporary Signs. Sec. 3.12. Special Event Signage. Sec. 3.1. Generally. Signs not specifically described in this Section shall be prohibited. For a summary of the requirements of this Article, see Table 3.1. Sec. 3.2. Wall Signs.

(a) Wall signs shall be mounted flush against the facade of the building adjacent to the front entryway of the unit (see figure).

(b) Appropriate locations for wall signage on buildings with more than one story shall be

in the lintel space which separates the storefront from the upper floor, and the space above the transom in the storefront, where one exists (see figure). Wall signs should be located on flat, unadorned parts of the building façade, somewhere above storefront display windows (where they exist) and below second-story windows (where they exist). If the building façade or storefront has a lintel strip or signboard, the wall sign should be placed directly on it. Wall signs should be located centrally on the façade. Sign boards should not exceed two and one half (2.5) feet in height.

(c) Wall signs should be attached through joints in the masonry rather than the brick

itself.

(d) No sign shall be permitted that, when mounted flush against the façade of the building, protrudes more than six (6) inches from the façade, without the specific approval of the Historic Preservation Commission.

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Table 3.1

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Summary of Specific Sign Requirements (Refer to specific sections for requirements)

Type of Sign

# Signs Permitted

Maximum Area

Maximum Height (Ft.)

Section Reference (this Ordinance)

Approval Authority (HPC or Zoning Administrator)

Wall Signs 2 per facade 30% of wall area,

Height of building (see placement restrictions)

Sec. 3.2 Historic Preservation Commission except in case of approved uniform sign plan (then Zoning Administrator approves)

Canopy or Awning Signs


40% of front face; 65% of side faces

Min. 8’ height clearance


Window Signs


25% of total window area of establishment,

Ground floor windows only


Projecting Sign

1 per establishment; may be further limited

9 square feet Min. 8’ height clearance


Door Signs 2 per establishment

1.5 square feet each sign; 3 square feet total maximum

(see placement restrictions)


Display Board

1 per establishment

4 square feet (see placement restrictions)

Sec. 3.7 Historic Preservation Commission for permanent wall mounting, except in case of approved uniform sign plan; Zoning Administrator for removable window locations

Ground Sign

2 per adaptive use of single-

32 square feet; if second

8 feet Sec. 3.8 Historic Preservation

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(permanent, principal use)

family dwelling; otherwise prohibited

sign is used, 8 square feet

Commission

A-Frame Sign

1 per establishment

8 square feet 4 Feet Sec. 3.9 Zoning Administrator Only

Historic Markers




Sec. 3.10 Historic Preservation Commission

Temporary sign




Temporary sign when a space, unit, building, or land is for sale, rent




Special Event Sign Permit

Per permit see Sec. 24.26 zoning

see Sec. 24.26 zoning

Sec. 3.12; see Sec. 24.26 zoning

Zoning Administrator Only

(e) There is a maximum of two (2) wall signs per building façade of the leasable space.

(f) Wall signs, individually or in total allowed, shall not exceed more than thirty (30) percent of the wall area on which they are displayed.

Sec. 3.3. Canopy and Awning Signs.

(a) Storefront awnings (see figure) should be positioned either above the display window and below the transom window(s), or above both the display and transom windows but below the sign board area, cornice, or spandrel, where these architectural features exist. Signs should be silk-screened or sewn onto the awning fabric, and they should be placed on the valance of the awning. Signs on canopies should be located on the primary face or top edge (or front-angled or sloped part) of canopies.

(b) Canopy signs shall have a ground clearance of no less than eight feet above the

lowest ground elevation (see figure).

(c) Canopy signs shall cover no more than sixty-five (65) percent of the area of the side faces (awning flaps) of the canopy and no more than forty (40) percent of the front (or front-angled or sloped) face of the canopy.

Sec. 3.4. Window Signs.

(a) Window signs (see figure) may be displayed on or in display windows on the ground floor. .

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(b) When window signage is provided, painting is required. Applied vinyl letters are not allowed.

(c) In no case shall any window sign be installed above the level of second floor

windows.

(d) Window signs shall not exceed 25 percent of the total window area of the business or establishment.

(e) The number of window signs for any individual business or establishment is not

limited by this ordinance but limitations may be imposed via the certificate of appropriateness.

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(f) Window signs should be placed approximately three and one-half (3.5) feet above

the sidewalk.

(g) Window signs should not extend within eighteen (18) inches from the top or bottom of the display window glass.

Sec. 3.5. Projecting Signs.

(a) Projecting signs are permissible (see figure), but the Historic Preservation Commission may restrict them if other alternatives (wall, window, door, and awning) signs are also present or proposed. If a projected sign is authorized, it shall meet the specifications of this section.

(b) Projecting signs are typically placed near the entry door.

(c) Projecting signs shall project perpendicularly from the building.

(d) Projecting signs shall be secured in place with a frame mount assembly.

(e) Projecting signs do not necessarily have to be entirely stationary; they may

suspended from an awning or similar type structure or affixed to a bracket-mount to the building or structure in a manner where the sign face sways; such motion shall not make a swinging sign a prohibited animated sign.

(f) Any sign that is suspended from the underside of a canopy (including awnings), shall

be located perpendicular to the wall surface of a building.

(g) All projecting signs shall have a ground clearance of no less than eight (8) feet above the lowest ground elevation.

(h) Such signs shall project no more than thirty-six (36) inches from the building face.

(i) Projecting signs shall be limited to one (1) per business or establishment.

(j) No projecting sign shall exceed an area of nine (9) square feet per sign face.

(k) Projecting signs shall not be illuminated.

(l) If applicable, projecting signs shall obtain an encroachment permit from the City

Council. Sec. 3.6. Door Signs.

(a) Signs on doors should be located on or in the glazing of the doors. Letters must be painted – vinyl letters are not allowed.

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(b) There shall be no more than two (2) door signs for any individual business or

establishment.

(c) The maximum area for any individual door sign shall be one and one-half (1 ½) square feet.

(d) There shall be a maximum of three (3) square feet total area of door signs allowed

for any single business or establishment. Sec. 3.7. Display Boards.

(a) One display board shall be permitted per establishment, subject to compliance with the provisions of this Section.

(b) Moveable display boards, when displayed within a window on the ground floor

display boards shall not count as window signs in terms of maximum allowable window sign area.

(c) Display boards that are permanently placed on a wall (e.g., a wall mounted display

box) shall count as wall signs in terms of maximum allowable wall sign area, but they shall not be counted in terms of the maximum number of wall signs allowed.

(d) Display boards shall not exceed an area of four (4) square feet per sign face.

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Sec. 3.8. Permanent Principal Use Ground Signs.

(a) Ground signs shall only be permitted in the front yard of properties containing a detached, single-family residence that has been converted to office, institutional, retail, service, or commercial use, and/or a commercially designed building with an appropriate landscaped front yard area.

(b) The maximum height of any ground sign which may be permitted pursuant to this

ordinance shall be eight (8) feet.

(c) Except for temporary signs permitted by the Zoning Administrator, any permanent ground sign permitted pursuant to this ordinance shall be supported by at least two (2) wooden posts, no less than four inches by four inches. However, the Historic Preservation Commission may allow single post signs and metal posts, if deemed more compatible with the building, property, and/or surroundings.

(d) No more than two (2) ground signs shall be permitted per property frontage.

(e) No ground sign shall exceed an area of thirty-two (32) square feet per sign face.

(f) If two ground signs are erected, the second sign shall be no larger than eight (8)

square feet in area. Sec. 3.9. A-Frame Signs.

(a) Movable sandwich signs, also called A-frame signs, may be used in the historic district, limited to one per business or establishment.

(b) Such sign(s) which shall be temporarily placed on the ground in front of the business,

may only be used during hours the business is open, and shall be removed from the ground when the business or establishment is not open to the public.

(c) No such sign shall exceed a height of four (4) feet about the ground.

(d) No such sign shall exceed an area of eight (8) square feet per sign face.

(e) Signs shall not restrict pedestrian access

Sec. 3.10. Historic Markers.

(a) Historic markers do not count for purposes of maximum wall signage limitations of this ordinance.

(b) Historic markers should be made of cast metal or other durable materials.

(c) They should be securely attached to the building and should lay flat against the

building wall.

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(d) They should be located at eye level and should be positioned near a building entrance or another area of high visibility.

Sec. 3.11. Temporary Signs. One temporary ground sign or wall sign per lot or per property frontage, unlighted, is permitted during the time when a space, unit, building, or land is for sale, rent, or lease, not exceeding eight square feet of area, nor a height of eight feet if placed on the ground. One additional temporary ground sign or wall sign per lot or per property frontage, unlighted, not exceeding four square feet of area, nor a height of four feet if placed on the ground, is permitted. Sec. 3.12. Special Event Signage. Property owners in the historic district may apply for permits for special events and associated signage, as provided in Sec. 24.26 of the Flowery Branch Zoning Ordinance, except that gas or air-filled advertising device shall not be allowed.

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ARTICLE 4 REVIEW AND APPROVAL PROCEDURES Sec. 4.1. Applications Involving Buildings with Multiple Tenants or Uses. Sec. 4.2. Buildings with More than One Building Frontage or Façade. Sec. 4.3. Criteria for Certificates of Appropriateness Generally. Sec. 4.4. Specific Criteria for Signs. Sec. 4.5. Signs Consistent with Uniform Sign Plans. Sec. 4.1. Applications Involving Buildings with Multiple Tenants or Uses. No permits shall be issued for buildings involving more than one use or tenant unless and until a uniform sign plan for the multi-use or multi-tenant building has been submitted and approved by the Historic Preservation Commission and the Zoning Administrator. The uniform sign plan shall indicate how all signage will be consistent or well coordinate in terms of lighting, colors, fonts, composition of materials, location in relation to the building, and proportions. Upon approval of a uniform sign plan, the Zoning Administrator shall be authorized to issue sign permits (upon application) for individual signs upon being deemed consistent with the approved master signage plan, without the need to obtain a certificate of appropriateness. Sec. 4.2. Buildings with More than One Building Frontage or Façade. Buildings with more than one frontage or façade should generally have lesser amounts of signage on the secondary building frontage than on the primary (or most frequently used) building frontage. Sec. 4.3. Criteria for Certificates of Appropriateness Generally. In determining the appropriateness or location of new signs proposed to be placed within the boundaries of the historic district, the Historic Preservation Commission may apply the criteria specified for certificates of appropriateness as provided by the City’s Historic Preservation Ordinance (see Section 5.7 of Ordinance No. 375). Sec. 4.4. Specific Criteria for Signs. In addition to criteria specified generally for certificates of appropriateness by the City of Flowery Branch’s Historic Preservation ordinance (see Section 5.7 of Ordinance No. 375), the Historic Preservation Commission may consider the following criteria which are specifically applicable to signs:

(a) The size, scale and design of the sign shall be compatible with the size, scale and design of the property, building or site upon which it is to be located.

(b) The sign's materials shall be compatible with the period and style of the property,

building or site.

(c) The sign's location shall not obscure any significant architectural features of the building or site.

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(d) The sign's installation shall not irreparably damage any cornice, ornament or similar architectural detail and shall be the least damaging method feasible for the property, building or site.

The Historic Preservation Commission is authorized to apply additional guidelines for the composition, design and placement of signs, including but not limited to a listing of typeset fonts or lettering standards, and colors, if such guidelines are adopted by resolution of the Flowery Branch City Council. For any sign within the area governed by this ordinance which is authorized to be administratively approved by the Zoning Administrator, the criteria established in this section and as referenced in this section may be used as a basis for making administrative decisions to approve, conditionally approve, or disapprove sign permits. Sec. 4.5. Signs Consistent with Uniform Sign Plans. Any sign permit application if consistent with an approved uniform sign plan, is exempt from individual approval by the Historic Preservation Commission, and the Zoning Administrator is authorized to issue sign permits after application, provided they are consistent with the uniform sign plan.

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ARTICLE 5 ADMINISTRATION AND ENFORCEMENT Sec. 5.1. Administration. Sec. 5.2. Appeals. Sec. 5.3. Variances. Sect. 5.4. Enforcement and Penalties. Sec. 5.1. Administration. This Ordinance shall be administered by the Zoning Administrator, and the provisions of Article 42 of the City of Flowery Branch Zoning Ordinance shall apply. Sec. 5.2. Appeals. Any decision by the Zoning Administrator or Historic Preservation Commission with regard to this Ordinance may be appealed pursuant to Article 39 of the City of Flowery Branch Zoning Ordinance. Sec. 5.3. Variances. Variances shall be permitted to be granted upon application, in accordance with the same procedures as those specified in Sec. 24.29 of the City of Flowery Branch Zoning Ordinance. The City Council in considering whether or not to grant variances to the terms of this Ordinance shall consider the criteria for granting sign variances as specified in Sec. 24.29 of the City of Flowery Branch Zoning Ordinance. Sect. 5.4. Enforcement and Penalties. The provisions of Article 43 of the City of Flowery Branch Zoning Ordinance shall be applicable to violations, enforcement procedures, and the assessment of penalties to violations, enforcement, and penalties regarding this Ordinance.

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ARTICLE 34

REZONING AND CONDITIONAL USE APPLICATIONS Sec. 34.1. Authority to Amend. Sec. 34.2. Initiation of Proposals for Rezoning. Sec. 34.3. Initiation of Conditional Use Applications. Sec. 34.4. Application Requirements. Sec. 34.5. Site Plan Requirements. Sec. 34.6. Development Statistics Required. Sec. 34.7. Analysis Requirements. Sec. 34.8. Application Compliance and Completeness. Sec. 34.9. Administrative Processing of Applications. Sec. 34.10. Concurrent Consideration of Applications. Sec. 34.11. Investigations and Recommendation. Sec. 34.12. Notice of Public Hearing. Sec. 34.13. Public Notice Sign. Sec. 34.14. Special Notice Requirements For Halfway Houses and Related Uses. Sec. 34.15. Public Hearing. Sec. 34.16. Decision. Sec. 34.17. Withdrawal of Application. Sec. 34.18. Refunds When Application is Withdrawn. Sec. 34.19. Limitations on the Frequency of Filing Applications. Sec. 34.20. Notice of Action. Sec. 34.21. Incorporation Clause. Sec. 34.1. Authority to Amend. City Council may from time to time amend the boundaries of any zoning district established in this Zoning Ordinance, and it may consider upon application the approval, conditional approval, or denial of conditional use applications. Sec. 34.2. Initiation of Proposals for Rezoning. An application to amend the official zoning map of the City, thus changing the boundaries of a zoning district, may be initiated by:

(a) The Governing BodyCity Council; or

(b) Any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which an amendment is sought.

Sec. 34.3. Initiation of Conditional Use Applications. An application for conditional use may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the conditional use is sought.

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Sec. 34.4. Application Requirements. Applications to amend the official zoning map of this zoning ordinance or for a conditional use shall require submittal of an application requirements specified in this Section. The Zoning Administrator may waive the application fee and certain application requirements specified in this Section when an application for amendment of the official zoning map is initiated by the Governing BodyCity Council or authorized by the City Manager. (Ord. 348-11)

(a) Application fee as specified by this ordinance or established by resolution of the Governing BodyCity Council;






(f) Site plan of the property at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements;


(h) Written analysis of how the proposed action compares to decision criteria specified

for deciding on the subject type of application;

(i)(h) Description of any special conditions voluntarily made a part of the request; and

(j)(i) Other information as may be required by the Zoning Administrator. Sec. 34.5. Site Plan Requirements. Applications described in this Article shall include a site plan, which shall at minimum include on the site plan information specified in this Section. The Zoning Administrator may waive one or more of the requirements of this Section in individual cases when he/she determines that one or more elements of the required information specified in this Section are not essential to the review process.

(a) Existing and proposed buildings and structures; (b) Parking and internal circulation;

(b)(c) Proposed landscaping;

(c)(d) Buffers, where required; and

(d)(e) Other information as may be required by the Zoning Administrator.


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Sec. 34.6. Development Statistics Required. Applications described in this Article shall submit development statistics and specifications shall at minimum include on the site plan or in written form the information specified in this Section. The Zoning Administrator may waive one or more of the requirements of this Section in individual cases when he/she determines that one or more elements of the required information are not essential to the review process.

(a) Maximum and proposed height of any structure; (b) Maximum and proposed gross square footage of the building area (nonresidential

only);

(c) Color renderings of any proposed structures;

(b)(d) Material list (with percentages) of any proposed structures;

(c)(e) Maximum and proposed number of dwelling units and minimum and proposed

square footage of heated floor area for any dwelling unit (residential only);

(d)(f) Maximum and proposed lot coverage of building area (square feet and percent);

(e)(g) Minimum and proposed square footage of landscaped area (square feet and percent);

(f)(h) Minimum, maximum and proposed number of parking spaces; and

(g)(i) Other dimensional information as may be required by the Zoning Administrator.

Sec. 34.7. Analysis Requirements. Applications to amend the official zoning map and applications for conditional uses shall provide a written analysis comparing the proposed action with the criteria in this Section. A zoning map amendment or conditional use application may be justified only if it bears a reasonable relationship to the public health, safety, morality, or general welfare, and after consideration of the analysis requirements which may in individual cases be considered criteria relevant to Zoning Administrator in making recommendations and by the Governing Body in the decision-making process.

(a) Whether the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

(b) Whether the proposal will adversely affect the existing use or usability of adjacent or

nearby property.

(c) Whether the property to be affected by the proposal can be used in accordance with the existing regulations and has a reasonable economic use as currently zoned.




numbering

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(d) Whether the proposal will result in a use which will or could cause an excessive or

burdensome use of existing streets, transportation facilities, utilities, or schools

(e) Whether the proposal is in conformity with the policy and intent of the comprehensive plan including but not limited to the character area map and future land use plan map.

(f) Whether there are other existing or changing conditions affecting the use and

development of the property which give supporting grounds for either approval or disapproval of the proposal

(g) Existing use(s) and zoning of the subject property and nearby properties.

(h) Existing value of the property under the existing zoning district classification, the

extent to which the property value of the subject property is diminished by the existing zoning district, and the value of the property under the proposed zoning district; if such information is provided by the applicant or can be discerned. This consideration may include the length of time the property has been vacant or unused as currently zoned and efforts taken by the property owner(s) to use the property or sell the property under the existing zoning district classification.

(i) Whether a proposed zoning map amendment or conditional use approval will be a

deterrent to the value or improvement of development of adjacent property in accordance with existing regulations

(j) The possible creation of an isolated zoning district unrelated to adjacent and nearby

districts

(k) Possible effects of the change in zoning district map, or change in use, on the character of a zoning district.

(l) The possible impact on the environment, including but not limited to, drainage, soil

erosion and sedimentation, flooding, air quality and water quality.

(m) The relation that the proposed map amendment or conditional use bears to the purpose of the overall zoning scheme and the purposes of this Zoning Ordinance.


(a) No application described in this Article shall be processed by the Zoning Administrator unless it complies with the procedural requirements of this Article and is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this Article.

(b) If an application described and regulated by this Article does not comply with all

provisions of this Article, the Zoning Administrator shall reject the application and refuse to process it.

(c) In cases where more than one application (rezoning, conditional use, variance)

pertaining to a particular piece of property is filed simultaneously, the applicant must

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prepare separate applications and meet all application requirements for each application filed; provided, however, that the Zoning Administrator may waive separate site plan, fees, and the or letter of intent filing requirements when they would be unnecessarily duplicative.

Sec. 34.9. Administrative Processing of Applications. The Zoning Administrator is hereby authorized to establish administrative deadlines for the receipt of applications specified in this Article. Upon a finding by the Zoning Administrator that an application is complete and complies with the requirements of this Article, including deadlines, the application shall be marked received and approved for initiation, and the date of such consideration shall be indicated in the file of the application. Sec. 34.10. Concurrent Consideration of Applications.

(a) Concurrent Conditional Use Applications. In cases where an applicant is proposing a rezoning (i.e., amendment to the official zoning map), and where the applicant files an application to obtain a conditional use at the same time of filing a rezoning application, the two applications may be processed simultaneously, but the conditional use application shall not be considered until the rezoning application is approved (which may be the same public hearing or meeting), since the conditional use would not otherwise be permitted without the rezoning.

(b) Concurrent Variance Applications. In cases where an applicant is proposing a

rezoning (i.e., amendment to the official zoning map), and where the applicant files an application to obtain a variance at the same time of filing a rezoning application, the two applications may be processed simultaneously, but the variance application shall not be considered until the rezoning application is approved (which may be the same public hearing or meeting), since the variance would not otherwise be permitted without the rezoning.

Sec. 34.11. Investigations and Recommendation.

(a) Within a reasonable period of time after acceptance of a complete application, the Zoning Administrator may send the application out for review by internal municipal departments and external agencies as may be appropriate (i.e., inter-agency review). Such internal municipal agencies should include the police department and public works/utilities department. External agencies may include but are not limited to the Hall County Board of Education; Georgia Regional Transportation Authority, Georgia Department of Transportation; Georgia Mountains Regional Development Center, adjacent local governments, and various departments of Hall County Government.

(b) Any written comments received in a timely manner shall be submitted to City

Councilthe Governing Body for consideration, and any such comments shall become an official public record.

(c) With respect to each rezoning or conditional use application, and any concurrent

variances filed, the Zoning Administrator may investigate and make a

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recommendation regarding any or all of the relevant matters concerning the application. Any such investigation and recommendation shall if in writing be made available to the applicant and City Councilto the applicant and Governing Body prior to the public hearing held by the Governing Body and shall become an official public record.

(d) Copies of the Zoning Administrator’s findings and recommendations mayshall be

provided to the applicant prior to the public hearing and shall be available upon request to interested members of the public prior to or at public hearing on the matter.

Sec. 34.12. Notice of Public Hearing.

(a) At least fifteen (15) but not more than forty-five (45) days prior to the date of the public hearing before the Governing BodyCity Council, the city shall cause to be published within a newspaper of general circulation within the City a notice of the public hearing before Mayor and City Council, on each application that is the subject of this Article. The notice shall state the time, place, and purpose of the public hearing.

(b) If the zoning decision of a local government is for the rezoning of property and the

rezoning is initiated by a party other than the local government, then the notice shall include the location of the property, the present zoning classification, and the proposed zoning classification of the property.

(c) Each public notice sign pertaining to a conditional use shall state the existing or

proposed zoning classification and the proposed use of the property. Each public notice sign pertaining to a concurrent variance shall state the proposed zoning classification and the type of variance applied for.and the section or sections of the Zoning Ordinance proposed to be varied.

Sec. 34.13. Public Notice Sign.

(a) For all applications involving an amendment to the official zoning map, application for conditional use, or application for a concurrent variance, the Zoning Administrator shall cause to have posted in a conspicuous location on said property one (1) or more sign(s).

(b) The public notice sign shall be erected not less than fifteen (15) calendar days prior

to the public hearing before the Governing BodyCity Council pertaining to said application. Each public notice sign shall state the time, place, and purpose of the public hearing before the Governing Body, and the location of the property.

(c) Each public notice sign pertaining to an amendment to the official zoning map shall

state the present zoning classification and the proposed zoning classification of the property.

(d) Each public notice sign pertaining to a conditional use shall state the existing or

proposed zoning classification and the proposed use of the property. Sec. 34.14. Special Notice Requirements fFor Halfway Houses and Related Uses.

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This section is adopted pursuant to the specific requirements of the State Zoning Procedures Law. When a proposed zoning map amendment or conditional use application relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a duly noticed public hearing shall be held by the Governing Body City Council on the proposed action in accordance with the procedures and requirements established in this zoning ordinance. In addition, the following requirements shall apply.

(a) Such public hearing before the Governing Body shall be held at least six (6) months but not more than nine (9) months prior to the date of final action on the application.

(b) All published or posted notices of the public hearing shall include a prominent

statement that the proposed zoning map amendment or conditional use relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency.

(c) The published notice shall be at least six (6) column inches in size and shall not be

located in the classified advertising section of the newspaper. Sec. 34.15. Public Hearing. The Governing BodyCity Council shall hold a public hearing on all rezoning and conditional use applications in accordance with the public hearing procedures specified in Article 35 of this zoning ordinance. Sec. 34.16. Decision.

(a) Within a period of sixty-five (65) calendar days from the date of the public hearing held by the Governing Body on any such application(s) described in this Article, the Governing Body shallcity council render a decision on the application(s).

(b) The Governing BodyCity Council may approve or disapprove the proposed rezoning

or conditional use as applied for, or it may approve modifications of the application as originally proposed, and it may place conditions of approval on the application.

(c) In rendering a decision on any such application, the Governing BodyCity Council

shall consider all information supplied by the applicant and Zoning Administrator. Sec. 34.17. Withdrawal of Application. Any application described in this Article may be withdrawn at any time at the discretion of the person or agency initiating such a request, upon written notice to the Zoning Administrator. Sec. 34.18. Refunds When Application is Withdrawn.

(a) When any application described in this Article is initiated by a party other than the Governing BodyCity Council, and said application is withdrawn within ten (10) calendar days from the date of approval for initiation by the Zoning Administrator, one half (1/2) of the entire application fee paid by the applicant shall be refunded to the applicant. The Administrator shall refund that portion of the application fee within thirty (30) calendar days of the date of withdrawal of the application.

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(b) No portion of a required application fee shall be refunded on any application

withdrawn by an applicant later than ten (10) calendar days from the date of approval for initiation by the Zoning Administrator.

Sec. 34.19. Limitations on the Frequency of Filing Applications.

(a) No application regulated by this Article and affecting the same or any portion of property which was denied by the Governing BodyCity Council shall be accepted for filing by a property owner until twelve (12) months shall have elapsed from the date of said application was denialed by Governing Body.

(b) The same or any portion of property previously considered in a zoning map

amendment or conditional use application which was denied by City Councilthe Governing Body may not again be initiated by the Governing Body until the expiration of at least six (6) months immediately following the final decision rendered on the application by the Governing Bodydenial..

Sec. 34.20. Notice of Action. The Zoning Administrator shall notify the applicant of the action taken by City Council within a reasonable time frame. the Governing Body on the application no later than five (5) working days from the date the Governing Body took action on said application. Sec. 34.21. Incorporation Clause. This Article is intended to comply with the provisions of the Georgia Zoning Procedures Act, O.C.G.A. § 36-66 et. seq., which Act is incorporated by reference in its entirety into this ordinance. Where any provision of this Article is in conflict with any provision of the Act, the Act shall control. Or where this Article is incomplete in having failed to incorporate a provision necessarily required for the implementation of the Act, such provision of the Act, so as to meet the mandate of the Act, shall be fully complied with.

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ARTICLE 38

ADMINISTRATIVE VARIANCES Sec. 38.1. Authority. Sec. 38.2. Provisions that May Be Administratively Varied. Sec. 38.3. Initiation of Administrative Variance Applications. Sec. 38.4. Application Requirements. Sec. 38.5. Site Plan Requirements. Sec. 38.6. Application Compliance and Completeness. Sec. 38.7. Criteria for Approval of Administrative Variances. Sec. 38.8. Procedures. Sec. 38.9. Withdrawal of Application. Sec. 38.10. Limitations on the Frequency of Filing Applications. Sec. 38.11 Appeal. Sec. 38.12. Records. Sec. 38.1. Authority. The Zoning Administrator shall have the power to authorize upon application in specific cases such administrative variances from the terms of this zoning ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this zoning ordinance will in an individual case result in practical difficulty or unnecessary hardship, so that the spirit of this zoning ordinance shall be observed, public safety and welfare secured, and substantial justice done. The Zoning Administrator may upon application consider the approval, conditional approval, or denial of administrative variances, subject to the requirements of this Article. In granting an administrative variance, the Zoning Administrator may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this zoning ordinance, as may be deemed necessary for the protection of adjacent properties and the public interest. Sec. 38.2. Provisions that May Be Administratively Varied. The following provisions of this zoning ordinance may be administratively varied by the Zoning Administrator, subject to the specific limitations of this Section:

(a) Front building setback for a principal building, reduction not to exceed seven (7) feet.

(b) Side building setback for a principal building, reduction not to exceed three (3) feet.

(c) Rear building setback for a principal building, reduction not to exceed five (5) feet.

(d) Setback for an accessory building, reduction not to exceed two (2) feet.

(e) Maximum height of a building, not to exceed five (5) feet above the applicable maximum.

(f) Landscape strip minimum widths, reduction not to exceed twenty percent (20%) of

the minimum required width. For example, if the minimum landscape strip width is

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ten feet (10’), the Zoning Administrator may authorize a reduction to no less than eight feet (8’). The Zoning Administrator may also authorize an average width of landscape strip rather than a minimum.

(g) Parking above the maximum or twenty percent (20%) below the minimum required

as specified in Table 21.3, on a case-by-case basis based upon the scale and impacts of the request, for good cause shown, as provided in Section 21.18 of this zoning ordinance.

(h) The maximum height of fences and walls, not to exceed a 2-foot increase.

(i) Certain dimensional requirements of the TND zoning district, as specified in Table

7.2 of this zoning ordinance, may be administratively varied by the Zoning

Administrator, for one or more lots for detached, single-family dwellings only, as

follows:

1. The required minimum lot size of 6,700 square feet may be reduced to 6,000

square feet (and the corresponding maximum density may be increased from 6.5

to 7.26 dwelling units per acre);

2. The required minimum lot width of forty-five (45) feet may be reduced to forty

(40) feet;

3. The minimum lot depth may be reduced from eighty (80) feet to seventy (70) feet.

(h)

Sec. 38.3. Initiation of Administrative Variance Applications. An application for variance may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the administrative variance is sought. Sec. 38.4. Application Requirements. Applications for administrative variance shall require submittal of an application requirements specified in this Section.









numbering

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(f) Site plan of the property at an appropriate engineering scale showing the proposed

use and relevant information regarding proposed improvements;


(h) Written analysis of how the proposed action compares to decision criteria specified for deciding on the subject type of application;

(i) Description of any special conditions voluntarily made a part of the request; and

(j) Other information as may be required by the Zoning Administrator.

Sec. 38.5. Site Plan Requirements. Applications for administrative variance shall include a site plan, which shall at minimum include on the site plan information specified in this Section. The Zoning Administrator may waive one or more of the requirements of this Section in individual cases when he/she determines that one or more elements of the required information specified in this Section are not essential to the review process.

(a) Existing and proposed buildings and structures;

(b) Other information as may be required by the Zoning Administrator to describe and/or graphically depict the requested administrative variance.


(a) No administrative variance application shall be processed by the Zoning Administrator unless it complies with the procedural requirements of this Article and is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this Article.

(b) If the variance application does not comply with all application submittal


Sec. 38.7. Criteria for Granting Variances. Any applicant requesting consideration of an administrative variance shall provide a written justification that one or more of the following condition(s) exist. The Zoning Administrator shall not approve an administrative variance application unless it shall have adopted findings that the one or more of the following conditions exist:

(a) There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district;

(b) A literal interpretation of the provisions of this ordinance would effectively deprive the

applicant of rights commonly enjoyed by other properties of the district in which the property is located;

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(c) Granting the variance requested will not confer upon the property of the applicant

any special privileges that are denied to other properties of the district in which the applicant’s property is located;

(d) The requested variance will be in harmony with the purpose and intent of this

ordinance and will not be injurious to the neighborhood or to the general welfare;

(e) The special circumstances are not the result of the actions of the applicant;

(f) The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed; and

(g) The variance shall not permit a use of land, buildings or structures, which is not

permitted by right in the zoning district or overlay district involved. Sec. 38.8. Procedures. Administrative variance applications shall be considered and processed in accordance with the requirements of this Section.

(a) Zoning Administrator shall review all applications (b) Applications must be complete and meet the requirements as set forth in section

38.2.

(a) Written Notice to Abutting Property Owners. At least fifteen (15) calendar days prior to a decision to grant an administrative variance, the Zoning Administrator shall notify in writing the owner of each property abutting the property pertaining to the application for administrative variance, citing the specific section or sections of the zoning ordinance proposed to be administratively varied, the amount of the variance, and the applicant’s stated justification for an administrative variance.

(b) Property Owner Review and Comment. Each abutting property owner, including

property located across the street or streets from the property that is the subject of the variance application, shall have ten (10) calendar days from the date such notice is received to consent or object to the granting of the variance by sending in writing to the Zoning Administrator an objection, stating the reason for the consent or objection to the granting of the variance. If consent is provided or any objection is made to the application for administrative variance in writing, the Zoning Administrator shall take that factor, and any information submitted there with, into consideration. Action by the Zoning Administrator, however, is not based exclusively on neighbor acceptance or opposition.

(c) Prior Consent of Abutting Property Owners. If the applicant for administrative

variance secures the signatures of all abutting property owners consenting to the variance on a form approved by the Zoning Administrator which shall include the specific section or sections of the zoning ordinance proposed to be varied and the amount of the variance, the Zoning Administrator after verifying the abutting property owners by consulting the property ownership records of the City and that they have


a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:


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signed the consent form, shall determine the property owner review and comment period to be complete and shall have supporting grounds for acting on the request at any time thereafter. Approval by the Zoning Administrator, however, is not based exclusively on neighbor acceptance.

(d) Written Decision. To approve an administrative variance, the Zoning Administrator

shall make written findings that the variance requested complies with the administrative variance criteria specified in this Article. The Zoning Administrator shall issue a written decision stating whether the administrative variance request is approved, approved with conditions, or denied.

(e) Notice of Decision to Deny. If denied, the Zoning Administrator shall state in the

letter that the applicant denied an administrative variance may file an application for variance in accordance with Article 38 of this zoning ordinance. Said notice of decision shall also be provided to all abutting property owners on record as having consented to or objected to the administrative variance application.

(f) Notice of Decision to Approve When Objection Exists. If the administrative variance

application was approved by the Zoning Administrator and an objection was made by an abutting property owner to the granting of the application, the letter shall indicate that the abutting property owner may appeal the variance as an administrative decision only if there is alleged to be an error in the action that is inconsistent with the requirements of this Article or the zoning ordinance generally.

Sec. 38.9. Withdrawal of Application. An administrative variance application may be withdrawn at any time at the discretion of the person or agency initiating such a request, upon written notice to the Zoning Administrator. No refunds of the application fee shall be provided in the case of a withdrawal. Sec. 38.10. Limitations on the Frequency of Filing Applications. No variance application affecting the same or any portion of property which was denied by the Governing Body shall be accepted for filing by a property owner until twelve (12) months shall have elapsed from the date said application was denied by Governing Body. Sec. 38.11. Appeal.

(a) Denial. The Zoning Administrator’s denial of an administrative variance shall not be appealed as an administrative determination by the subject property owner, but any applicant denied an administrative variance may file an application for variance with the Governing Body pursuant to Article 37 of this zoning ordinance.

(b) Approval. The Zoning Administrator’s approval of an administrative variance may be

appealed as an administrative decision, but only if there is alleged to be an error in the administration or enforcement of this zoning ordinance. If such appeal is filed it shall be processed and considered in accordance with Article 39 of this zoning ordinance. When the administrative variance application was approved by the Zoning Administrator with conditions, and in the case of the subject property owner finds such conditions are not acceptable, the applicant shall not be authorized to file

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an appeal of the administrative decision but may file an application for variance with the Governing Body pursuant to Article 37 of this zoning ordinance.

Sec. 38.12. Records. The Zoning Administrator shall keep public records of all administrative variances applied for and granted pursuant to this Article.

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ARTICLE 39

APPEAL OF ADMINISTRATIVE DECISION Sec. 39.1. Appeal as a Remedy. Sec. 39.2. Initiation. Sec. 39.3. Application Requirements. Sec. 39.4. Public Notice and Public Hearing. Sec. 39.5. Stay of Proceedings. Sec. 39.6. Decision. Sec. 39.1. Appeal as a Remedy. Persons may appeal to the Governing Body for relief when aggrieved by an action or an interpretation of the Zoning Administrator made under this zoning ordinance. All such requests for relief shall be taken as an appeal to the Governing Body, as provided in this Article. Sec. 39.2. Initiation. Appeals of an administrative decision may be initiated by any person aggrieved by a decision made under this zoning ordinance or by an officer or department head of the City. Such appeal shall be initiated within fifteen (15) days of the action or decision appealed from by filing with the Zoning Administrator an application for an appeal of an administrative decision specifying the grounds thereof. If the person aggrieved by an action within this zoning ordinance does not initiate an appeal within fifteen (15) days, then the decision of the Zoning Administrator shall stand, and no further administrative remedy shall be available under this zoning ordinance Sec. 39.3. Application Requirements. No application shall be accepted for processing by the Zoning Administrator unless it meets the requirements of this Article. To initiate an appeal, an application must be submitted to the Planning Department which shall include at minimum the following:

(a) Application Form. A completed application. All applications shall be submitted to the Zoning Administrator on the appropriate application forms.

(b) Fee. All applications shall be accompanied by a non-refundable fee as fixed from

time to time by the Governing Body. A fee shall not be charged if the Governing Body initiates the appeal application.

(c) Written Narrative. A written narrative explaining the request and purpose for the

appeal.

(d) Additional Requirements. In reviewing an application, the Zoning Administrator shall also be authorized to require any supporting information necessary to review an administrative decision on the record necessary to resolve the request for appeal. These may include but are not limited to plat or boundary survey, architectural renderings, or concept plan or as-built surveys. When the appeal application is referred to the Governing Body, the applicant shall be required to submit a sufficient number of scaled and reproducible size copies of such supporting documentation as determined by the Zoning Administrator.

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Sec. 39.4. Public Notice and Public Hearing. An application for appeal of an administrative decision shall comply with the public notice and public hearing process as described in Article 37 of this zoning ordinance for variance applications. Sec. 39.5. Stay of Proceedings. The filing of a completed application for an appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Governing Body, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed unless the applicant for appeal of an administrative decision secures an order from a court of competent jurisdiction. Sec. 39.6. Decision. City Council shall make findings and render a decision after the public hearing on the appeal application. The City Clerk shall notify the applicant, in writing, of its decision within five (5) days after the Governing BodyCity Council has rendered its decision. The Governing BodyCity Council may affirm, overrule or modify, in whole or in part, the rulings, or decisions or interpretations of the Zoning Administrator. In cases where an appeal is granted, the Governing body may direct the issuance of land development permits or building permits, not otherwise inconsistent with this or other ordinance adopted by the Governing BodyCity Council. A decision of the Governing Bodyby City Council pursuant to this Article shall constitute final action and may be appealed only to a court of competent jurisdiction in the manner provided by law.

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ARTICLE 40

DESIGN REVIEW Sec. 40.1. Purposes. Sec. 40.2. Applicability. Sec. 40.3. Exemptions. Sec. 40.4. Authority. Sec. 40.5. When to File. Sec. 40.6. General Requirements. Sec. 40.7. Initiation of Design Review ApplicationsRequests. Sec. 40.8. Application RequestRequirements. Sec. 40.9. Application Compliance and Completeness. Sec. 40.10. Process for Design Review ApplicationsRequests. Sec. 40.11. Criteria for Considering Design Review ApplicationsRequests. Sec. 40.12. Notice of Action. Sec. 40.13. Revision, Resubmission, and Reapplication. Sec. 40.14. Changes after Approval. Sec. 40.12 Appeals Sec. 40.1. Purposes. Careful attention to the architectural design of buildings and the layout of development sites is in the economic interests of the City, its citizens, and business owners. Attractive and integrated architectural and site design features tend to improve an area’s image, raise overall property values, attract new businesses and residents, and improve the quality of life. Research and experience have shown that there is a positive return on investment for providing attractive design features, for both government and property owners. This ordinance establishes a design review process and requires review and approval by the Zoning Administrator of design plans. Sec. 40.2. Applicability. This Article shall apply to all development, except for single-family detached dwellings and manufactured homes, within the city limits of the City of Flowery Branch, unless otherwise specifically exempted from compliance. Developments within the CBD, M-1, and M-2 zoning districts shall meet all requirements as shown in Article 9 of this ordinance. Sec. 40.3. Exemptions. The following activities are exempt from filing a design review applicationrequest:

(a) Detached, single-family dwellings under fee simple ownership, and manufactured homes.

(a) All applications for land development or building permits are required to meet the requirements of this Article and are therefore exempt from making a formal request unless the applicant chooses to do so independently, concurrently, or in advance of the building or land development permit application.

(b) The re-occupation of vacant office, commercial, institutional, or light industrial

space within a single-tenant or multi-tenant building that received prior approval,

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where no new changes to the external features of the building or site inconsistent with prior approval will take place, except for a change in signage.

(c) Changes of ownership but which do not involve any changes to external features

of the building or site inconsistent with prior approval, including signage.

(d) Repainting of an existing building to a similar color.

(e) Revisions of window or door placement.

(f) Adding compatible building area up to an additional twenty-five percent (25%) of design review originally approved under the terms of this Article.

(g)(f) An increase or decrease in the number of parking spaces of ten percent (10%)

from the number originally approved.

(h)(g) Repair or reconstruction of existing freestanding retaining walls, decorative walls, and fences, when repaired or replaced with materials that are the same or substantially similar to those originally approved.

(i)(h) Modifications to outdoor lighting fixtures involving the replacement of light

fixtures, and which may involve an increase in the number of light fixtures at the same or lesser height, provided that the type of lighting and materials used for such light fixtures shall be of the same as or similar to those originally approved, and subject to the provisions of Article 23 of this zoning ordinance.

(j)(i) The relocation of an access driveway or curb cut which does not affect or

interfere with the approved placement of buildings or structures.

(k)(j) The addition of a temporary use that is permitted in the zoning district in which the subject property is located.

(l)(k) Development and activity that is specifically exempt from design review by

another section of this zoning ordinance.

(m)(l) Other similar minor changes as determined by the Zoning Administrator. The Zoning Administrator may exempt a minor development or change to an existing development from design review, and he or she may exempt a proposed change to an existing building or structure from design review approval, where in his or her judgment, the proposed development or change to existing building or structure meets the spirit and intent of this Article and applicable design guidelines that apply to the proposed development.

(n)(m) Any development activity that is within the jurisdiction of the Historic Preservation

Commission and which requires a Certificate of Appropriateness according to the City’s historic preservation ordinance.

Sec. 40.4. Authority.

(a) The Zoning Administrator shall have authority to review, approve, conditionally approve, or deny design review applications.

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Sec. 40.5. When to File.

(a) All land disturbance activity, development, and building, unless otherwise exempt from the requirements of this Article, shall require the filing of a design review application as specified by this Article.

(b) In cases where design review is required, the application may be submitted

separately, in conjunction with a development permit or building permit, or concurrently with another application (e.g., rezoning, conditional use, variance) pertaining to subject development; provided, however, the applicant must prepare separate applications and meet all application requirements for each application filed. The Zoning Administrator may waive filing requirements when they would be unnecessarily duplicative.

Sec. 40.6. General Requirements.

(a) For any development, building, structure, or activity to which this Article applies, approval of a design plan shall be required before a building permit or other permit, as appropriate, is issued or any improvement, grading, alteration of land(s), or construction of building(s) commences.

(b) The Zoning Administrator shall not authorize ,and the Building Inspector shall not

issue, a building permit, or a certificate of occupancy, foror a development permit, building, structure, or activity subject to the requirements of this Article until a design review application has been approved as required by this Article.until all requirements of this, and any and all relevant articles pertaining to review are satisfactorily met.

(c) The Zoning Administrator shall not authorize and shall not issue a development

permit for the improvement, grading, or alteration of land until a design review application has been approved as required by this Article.

(d)(c) For any business, activity, or establishment which is required to obtain a business

registration pursuant to the Flowery Branch City Code, no such business registration shall be issued, and operation shall not commence, until the business, activity, or establishment has either received approval of a design review application request as required by this Article or has been found by the Zoning Administrator to be exempt from design plan approval.

Sec. 40.7. Initiation of Design Review ApplicationsRequest. An applicationA request for design review may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the design approval is sought. Sec. 40.8. ApplicationRequest Requirements. Applications Requests for design review shall require submittal of applicationof the following requirements specified in this Section.

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(b)(a) Application form furnished by the Zoning AdministratorWritten request, including

signed and notarized signature of property owner;

(c)(b) Legal description of the property;

(d)(c) Survey plat of the property;

(e)(d) Letter of intent describing the proposed use of the property or other action requested;

(f)(e) Site plan of the property at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements, including landscaping;

(g)(f) Statistics regarding the proposed development;

(h)(g) Description of any special conditions voluntarily made a part of the request;

(i)(h) Exterior elevation drawings drawn to scale and signed by an architect, engineer or

other appropriate professional and submitted in sufficient number of copies as required by the Zoning Administrator. Said exterior elevation drawings shall clearly show in sufficient detail the exterior appearance and architectural design of proposed change(s) to buildings or structures and new construction, as applicable. Each application shall also indicate proposed materials, textures and colors and provide samples of materials and colors. The Zoning Administrator may accept written descriptions, photographs, or other information in lieu of signed elevation drawings and color and material samples.

(j)(i) Other information as may be required by the Zoning Administrator.


(a) No design review application shall be processed by the Zoning Administrator unless it is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this Article.

(b) If the design review application does not comply with all application submittal


Sec. 40.10. Process for Design Review Applications. Complete applications for Type 1 (administrative) design review shall be considered by the Zoning Administrator and approved, conditionally approved, or denied within twenty-one (21) calendar days of the date such application was determined complete. Sec. 40.0911. Criteria for Considering Design Review ApplicationsRequest.

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The following general criteria shall be used by the Zoning Administrator in determining whether an application for design review shall be approved, conditionally approved, or denied:

(a) Consistency with any adopted design guidelines for the type of development and/or the proposed use.

(b) The nature and character of the surrounding areas, and the consistency and

compatibility of the proposed application with such nature and character.

(c) The general design, the character and appropriateness of design, scale of buildings, arrangement, texture, materials, and colors of the structure in question and the relation of such elements to similar features of structures in the immediate surrounding area, site, and landscaping.

(d) Among other grounds for considering a design inappropriate are the following

defects: character foreign to the area, arresting and spectacular effects, violent contrasts of material, color, intense or lurid colors, a multiplicity or incongruity of details resulting in a restless and disturbing appearance, and the absence of unity and coherence in composition not in consonance with the density and character of the present structure or surrounding area.

Sec. 40.12. Notice of Action. The Zoning Administrator shall notify the applicant of the action taken on design review applications no later than five (5) working days from the date the Zoning Administrator took action on said application. Sec. 40.13. Revision, Resubmission, and Reapplication.

(a) Denial of a design review application by the Zoning Administrator may be appealed as an administrative decision, in accordance with the requirements of Article 39 of this zoning ordinance; provided, however, that public notice of such an appeal shall not be required, and the appeal of a design plan decision by the Zoning Administrator shall be placed on the next regular meeting of the Governing Body.

(b) The Governing Body for good cause shall be authorized to affirm, reverse, overturn

or otherwise modify a decision of the Zoning Administrator with respect to a design plan, upon the proper filing of an appeal as required by this Article.

Sec. 40.14. Changes after Approval. After approval of a design review application, no material change in the appearance shall be made or permitted to be made by the owner or occupant thereof, unless and until all requirements of this Article are met. Swc. 40.12 . Appeals If the applicant wishes to appeal the decision of the Zoning Administrator he/she may do so in compliance of Article 39 of this ordinance.

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ARTICLE 41

PERMITS AND CERTIFICATES Sec. 41.1. Development Permit. Sec. 41.2. Exemptions from Development Permit. Sec. 41.3. Application for Development Permit. Sec. 41.4. Review and Issuance of Development Permit. Sec. 41.5. Duration of Validity of Development Permit. Sec. 41.6. Building Permit. Sec. 41.7. Building Permit Application Requirements. Sec. 41.8. Certificate of Occupancy. Sec. 41.1. Development Permit.

(a) A development permit shall be required for any proposed use of land(s) or building(s), to indicate and insure compliance with all provisions of this Zoning Ordinance and any and all other relevant requirements as mandated by the City, State, or Federal government before any building permit is issued or any improvement, grading or alteration of land(s) or building(s) commences, except as exempted by this Article.

(b) A development permit shall be required to authorize all activities associated with

development activity, including, but not limited to, clearing and grubbing, grading, and the construction of such improvements as streets, surface parking areas and drives, stormwater drainage facilities, sidewalks, or other structures permanently placed on or in the property except for buildings, signs, or other structures requiring the issuance of a building permit.

Sec. 41.2. Exemptions from Development Permit. A development permit shall not be required for individual structures within approved subdivisions, nor shall a development permit be required for a detached, single-family dwelling unit on an individual lot not part of an approved subdivision or development. Sec. 41.3. Application for Development Permit. Any person seeking development activity on land within the city shall first submit to the Zoning Administrator an application for a development permit, including civil design and construction drawings. All applications for a development permit shall be made to the Zoning Administrator and shall be accompanied by three (3) complete sets of plans drawn to scale, signed and stamped by a engineer registered in Georgia who has authority to produce such plans, with his or her address. Applications shall be made in accordance with application requirements specified by the Zoning Administrator. Sec. 41.4. Review and Issuance of Development Permit (Also review fee schedule).

(a) The Zoning Administrator and City Engineer shall review the application for development permit, and upon completion of the review, one copy of such plans shall be returned to the owner along with notice of a decision to approve or deny the development permit. All development permits shall be issued by the Zoning

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Administrator, who shall in no case grant any development permit for the use, construction or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of any of the provisions of this zoning ordinance. The Zoning Administrator may issue development permits without being responsible for ensuring that the development complies with other applicable state or federal laws, unless specifically stated otherwise in this zoning ordinance.

(a) If the development permit is denied, the Zoning Administrator shall state in writing

the reason for the denial and the applicant shall be notified of the denial. A record of all development permits shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person. Submittal Requirements

1. Fees are due at time of submittal 2. Submittal form is due every time plans are submitted 3. 3 sets of plans are required 4. A flash drive containing all plans in .pdf format is required at every submittal 5. Applicant is responsible for acquiring all outside agency approvals 6. Plans are accepted at City Hall M-F between the hours of 8:00-4:00 7. Resubmittals shall include City and engineering comments with a narrative

explaining how each comment has been addressed 8. Types of plans required - Article 6, Section 606 of the FB Code of Ordinances 9. Plans must be prepared by a professional per Article 6, Section 607

(b) Review Procedures 1. Time

of review 2. Initial

comments shall be sent via e-mail within 21 days 3. Applic

ant has 21 days to re-submit after comments are sent 4. Each

subsequent review will have the same 21 day time line 5. Numbe

r of Reviews 6. 3 re-

submittals will be allowed 7. If

project is not approved after 3 re-submittals it is considered void 8. and

the process will start over 9. Coordi

nation 10. All

submittals shall come directly to Flowery Branch 11. All

review comments shall be sent from Flowery Branch 12. Any

requested meetings with the City engineer of record will be 13. schedu

led and approved by City staff






0.75" + Indent at: 1.25"

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14. Any questions regarding the review shall be submitted to City staff via

15. e-mail (b)

Sec. 41.5. Duration of Validity of Development Permit. A development permit shall expire two one (21) years year- after its issuance, subject to the following provisions: if the work described in any development permit has not been begun within one hundred twenty (120) days from the date of issuance thereof, said permit shall expire, and if work described in any development permit has not been substantially completed or showing significant and consistent progress towards completion within two one (21) years of the date of issuance thereof, said permit shall expire. Written notice of the expiration shall be given to the persons affected, only if the permit is being revoked prior to the two-year expiration date. Sec. 41.6. Building Permit.

(a) The Building Inspector is hereby authorized to issue building permits in accordance with all provisions of this zoning ordinance and only after the Zoning Administrator has issued a development permit or if no development permit is required, after review of said building permit for compliance with the provisions of this zoning ordinance.

(b) No building, or other structure shall be erected, moved, extended or enlarged, or

structurally altered, nor shall any excavation, grading, or filling of any lot for the construction of any building or structure be commenced until the Building Inspector has issued a building permit for such work in conformity with the provisions of this zoning ordinance.

(c) Approval of a building permit shall require an application to the Building Inspector as

specified in the building and related codes of the city. If the building permit is denied, the Building Inspector shall state in writing the reason for the denial and the applicant shall be notified of the denial. A record of all building permits shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person.

(d) Any building permit issued shall become invalid unless the work authorized by it shall

have been commenced within one-hundred-twenty (120) days of its date of issue, or if the work authorized by it is suspended or abandoned for a period of six (6) months.

Sec. 41.7. Building Permit Application Requirements. Each application for a building permit shall be accompanied by dimensioned plans showing:

(a) The dimensions of the lot to be built upon (plat); (b) The size and the overall building height of the building to be erected;

(c) The proposed use or uses and the location of the building or buildings on the lot;


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(c)(d) All design review requirements per Article 40 of this Ordinance and any and all other design requirements as dictated throughout this Ordinance, and;

(d)(e) Such other information as may be essential for determining whether the provisions of

this zoning ordinance are being observed. Sec. 41.8. Certificate of Occupancy.

(a) A certificate of occupancy issued by the Building Inspector is required in advance of occupancy or use, any building or structure hereafter erected, or a change in the use of an existing building or structure.

(b) A certificate of occupancy, either for the whole or part of a building or use, shall be

issued within ten (10) days after the erection or structural alterations of such building, or part, or use established. Work shall be completed in conformity with the provisions of this zoning ordinance. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this zoning ordinance.

(c) If the certificate of occupancy is denied, the Building Inspector shall state in writing

the reason for the denial and the applicant shall be notified of the denial. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person.

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ARTICLE 42

ADMINISTRATION Sec. 42.1. Fees. Sec. 42.2. Right to Inspect. Sec. 42.3. Zoning Administrator. Sec. 42.1. Fees. From time to time, the Governing BodyCity Council may adopt fees for the issuance of permits, the submission of applications, the provision of inspections, and such other activities and authorizations as regulated by this zoning ordinance. Sec. 42.2. Right to Inspect. No person shall refuse entry or access to the Zoning Administrator or any authorized representative or agent of the City, including inspections personnel of the City, who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. Sec. 42.3. Zoning Administrator. The Zoning Administrator shall have all the necessary powers explicitly provided or reasonably implied in connection with the administration of this zoning ordinance., including but not limited to those enumerated in this Section. Where such provisions indicate the Zoning Administrator has the authority to review and approve a given application or activity, said authority shall also include the denial of such application or activity.

(a) Schedules. To adopt schedules of dates, times and places as appropriate and necessary for the processing of applications established by this zoning ordinance.

(b) Administrative Procedures and Forms. To prepare administrative procedures,

guidelines, application forms, to tend to other administrative details not inconsistent with the provisions of this zoning ordinance, and to implement the provisions of this zoning ordinance.

(c) Development Permits.. To review and approve or deny development permits and

issue or refuse to issue development permits in accordance with this zoning ordinance.

(d) Design Review. To review and approve design plan applications in accordance with

this zoning ordinance.

(e) Nonconforming situations. To compel an applicant to completely correct or reduce the noncompliance of nonconforming situations, pursuant to authority and subject to the limitations of this zoning ordinance.

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(f) Modify and extend application requirements. To waive certain requirements, and to require additional information be submitted, for applications submitted pursuant to this zoning ordinance.

(g) Recommendations on applications. To provide recommendations on rezoning,

conditional use, and variance applications to the Governing BodyCity Council, as may be appropriate, and as authorized in this zoning ordinance.

(h) Administrative variances. To grant administrative variances as authorized in this

zoning ordinance.

(i) Inspections and investigations. To conduct such investigations as he or she may reasonably deem necessary to assure or compel compliance with the requirements and provisions of this zoning ordinance, even if such responsibilities are delegated to code enforcement officers or other administrative or enforcement officers of the City.

(j) Enter property. To enter at reasonable times upon any property for purposes of

investigation, inspection and enforcement.

(k) Enforcement. To enforce any and all provisions of this zoning ordinance.

(l) Delegation. To delegate the functions and responsibilities of the Zoning Administrator’s position to other personnel.

(m) Interpretation. To interpret the provisions of this zoning ordinance.

(n) Maintain official zoning maps and overlay zone maps. To maintain and update the

Official Zoning Map of the City, and if adopted, overlay zone maps.

(o) Determine zoning boundaries. To determine the location of the boundary of zoning districts when the exact location cannot be determined.

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ARTICLE 43

ENFORCEMENT AND PENALTIES Sec. 43.1. Generally. Sec. 43.2. Stop Work Order. Sec. 43.3. Notice of Violation. Sec. 43.4. Content of Notice of Violation. Sec. 43.5. Failure of Remedial Measures. Sec. 43.6. Withholding or Revocation of Certificate of Occupancy. Sec. 43.7. Suspension, Revocation or Modification of Permit. Sec. 43.8. Denial of Additional Permits. Sec. 43.9. Suspension or Revocation of Business Registration. Sec. 43.10. Withholding of Utility Service. Sec. 43.11. Penalty Assessed Administratively. Sec. 43.12. Citation. Sec. 43.13. Civil Penalties. Sec. 43.1. Generally. Any action or inaction which violates the provisions of this zoning ordinance or the requirements of an approved site plan or permit may be subject to any or all of the enforcement actions and remedies described in this Article. Sec. 43.2. Stop Work Order.

(a) The Zoning Administrator or other enforcement official of the city upon learning or discovering a violation of this zoning ordinance or any approved site plan or permit issued pursuant to this zoning ordinance may immediately issue a stop work order which shall be posted on the job site and mailed to the applicant shown on the permit or approved site plan.

(b) The stop work order shall remain in effect until the applicant or other responsible

person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

Sec. 43.3. Notice of Violation. Prior to or concurrent with the issuance of a Stop Work Order, if the Zoning Administrator, or other officer responsible for inspection and enforcement of the terms of this zoning ordinance determines that an applicant or other responsible firm, person or corporation has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this zoning ordinance, said officer shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this zoning ordinance without having first secured the appropriate permit there for, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

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Sec. 43.4. Content of Notice of Violation. Notices of violation shall contain the following:

(a) The name and address of the owner or the applicant or the responsible person;

(b) The address or other description of the site upon which the violation is occurring;

(c) A statement specifying the nature of the violation;

(d) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this zoning ordinance and the date for the completion of such remedial action, and a date set forth for completion of remedial measures, after which further enforcement action will be taken; and

(e)(d) A statement of the penalty or penalties that may be assessed against the person to

whom the notice of violation is directed. Sec. 43.5. Failure of Remedial Measures. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more actions or penalties described in this Article as appropriate may be taken or assessed against the person to whom the notice of violation was directed. Sec. 43.65. Withholding or Revocation of Certificate of Occupancy. The Building Inspector or any other enforcement officer of the City may at any time refuse to issue, or revoke, a certificate of occupancy for the building or other improvements constructed or being constructed on the site in violation of this zoning ordinance until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. Sec. 43.76. Suspension, Revocation or Modification of Permit. The Zoning Administrator or other enforcement officer of the City may suspend, revoke or modify any permit or approval authorizing an activity or land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the enforcement officer may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations. Sec. 43.87. Denial of Additional Permits. The City is authorized and directed to deny and withhold permits or permissions on any new project or application pursuant to this zoning ordinance where the applicant, applicant's business or agent has failed or refused to comply with this zoning ordinance.

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Sec. 43.98. Suspension or Revocation of Business Registration. The City may revoke business registrations, work permit or other authorization for the unlawful conduct of any activities within the jurisdictional boundaries of the City. Sec. 43.109. Withholding of Utility Service. Any enforcement officer of the City may request or direct any utility service provider to withhold utility service to any property on which a violation is alleged to have occurred. Sec. 43.1110. Penalty Assessed Administratively. The City of Flowery Branch through authorized enforcement personnel may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremediated after receipt of the notice of violation. Sec. 43.1211. Citation. Any enforcement officer of the City shall have authority to issue citations and to prosecute violations before a court of competent jurisdiction. Sec. 43.1312. Civil Penalties. Any person, firm or corporation violating, neglecting or refusing to comply with any of the provisions of this zoning ordinance, or any site plan approval or permit issued pursuant to this zoning ordinance shall be guilty of a misdemeanor. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance. Any violation of any such provision of this zoning ordinance shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by a combination of such punishments. Each day any violation of this zoning ordinance shall continue shall constitute a separate offense.

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STATE OF GEORGIACOUNTY OF HALLCITY OF FLOWERY BRANCH

Public Hearing Published April 3, 2018 First Reading August 16, 2018Public Hearing May 3, 2018 Passed September 6, 2018

ORDINANCE NO.348-18

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FLOWERY BRANCH, GEORGIA, ORDINANCE NO. 348, TO STRIKE THE FOLLOWING ARTICLES: 24, 34, 38, 39, 40, 41 ,42 AND 43. REPLACING THEM WITH NEW ARTICLES WITH THE SAME TITLES AND NUMBERS AS SHOWN ON ATTACHED EXHIBIT “A”; PROVIDING FOR SEVERABILITY, REPEALING CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL PURPOSES.

WHEREAS, the Zoning Ordinance of the City of Flowery Branch, Georgia, authorizes the amendment of the text of the City of Flowery Branch Zoning Ordinance by the City Council; and

WHEREAS, the Zoning Administrator is authorized, pursuant to Section 33.2 of the Zoning Ordinance, to initiate an amendment to the zoning ordinance for consideration by the City Council; and

WHEREAS, the City’s adopted comprehensive plan includes an intent to implement the adopted redevelopment plan for Old Town by redeveloping obsolete housing units and attracting new housing in Old Town and nearby neighborhoods; and


WHEREAS, the changes to the code enhance the health, safety, and overall general welfare of the citizens of Flowery Branch; and

WHEREAS, the City has complied with the Zoning Procedures Law and the requirements of Article 33 of the Zoning Ordinance with regard to text amendments, including the holding of an advertised public hearing; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS THAT THE FLOWERY BRANCH ZONING ORDINANCE IS AMENDED AS FOLLOWS:


Strike Articles 10, 11, 13,16, 18, and 21 replacing them with the new Articles as shown Exhibit “A”.

SECTION 2. SEVERABILITY.222

Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.


The effective date of this Ordinance shall be upon approval by the City Council of the City of Flowery Branch, Georgia.


All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.


___________________________James “Mike” Miller, Mayor

ATTEST:

________________________________Melissa McCain, City Clerk


________________________________E. Ronald Bennett, Jr., City Attorney

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STATE OF GEORGIA

COUNTY OF HALL

CITY OF FLOWERY BRANCH

Public Hearing Published April 3, 2018 First Reading August 16, 2018

Public Hearing May 3, 2018 Passed September 6, 2018

ORDINANCE NO.348-18

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF

FLOWERY BRANCH, GEORGIA, ORDINANCE NO. 348, TO STRIKE THE

FOLLOWING ARTICLES: 24, 34, 38, 39, 40, 41 ,42 AND 43. REPLACING THEM WITH

NEW ARTICLES WITH THE SAME TITLES AND NUMBERS AS SHOWN ON

ATTACHED EXHIBIT “A”; PROVIDING FOR SEVERABILITY, REPEALING

CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL PURPOSES.

WHEREAS, the Zoning Ordinance of the City of Flowery Branch, Georgia, authorizes the

amendment of the text of the City of Flowery Branch Zoning Ordinance by the City Council; and

WHEREAS, the Zoning Administrator is authorized, pursuant to Section 33.2 of the Zoning

Ordinance, to initiate an amendment to the zoning ordinance for consideration by the City Council;

and

WHEREAS, the City’s adopted comprehensive plan includes an intent to implement the adopted

redevelopment plan for Old Town by redeveloping obsolete housing units and attracting new

housing in Old Town and nearby neighborhoods; and


WHEREAS, the changes to the code enhance the health, safety, and overall general welfare of the

citizens of Flowery Branch; and

WHEREAS, the City has complied with the Zoning Procedures Law and the requirements of

Article 33 of the Zoning Ordinance with regard to text amendments, including the holding of an

advertised public hearing; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH

HEREBY ORDAINS THAT THE FLOWERY BRANCH ZONING ORDINANCE IS

AMENDED AS FOLLOWS:


Strike Articles 10, 11, 13,16, 18, and 21 replacing them with the new Articles as shown Exhibit

“A”.

SECTION 2. SEVERABILITY. 224

Should any section or provision of this Ordinance be declared invalid or unconstitutional by any

court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as

a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.


The effective date of this Ordinance shall be upon approval by the City Council of the City of

Flowery Branch, Georgia.


All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of

the conflict.


___________________________

James “Mike” Miller, Mayor

ATTEST:

________________________________

Melissa McCain, City Clerk


________________________________

E. Ronald Bennett, Jr., City Attorney

225


EXECUTIVE SUMMARY

SUBJECT: Consider Intergovernmental Agreement with Hall County for E-911 Services


HISTORY:The City has an active agreement that was entered into on November 2013.

FACTS AND ISSUES:The new agreement is exactly the same as the prior except that the line that reads "Fees may be charged to the city foradditional services as deemed appropriate, fair and mutually agreeable" has been removed.

OPTIONS:



RECOMMENDATION:Approve and authorize the Mayor to execute said agreement

SAMPLE MOTION:




ATTACHMENTS Executive Summary IGA

226



FLOWERY BRANCH CITY COUNCIL EXECUTIVE SUMMARY SUBJECT: IGA with Hall County for E-911 Services DATE: September 13, 2018 BUDGET INFORMATION: None

( ) RECOMMENDATION ( ) POLICY DISCUSSION ( ) STATUS REPORT ( X ) OTHER

CITY COUNCIL ACTION REQUESTED ON: September 20, 2018

PURPOSE: To renew the Intergovernmental Agreement with Hall County Public Safety for E-911 Services.

HISTORY: The City has a current agreement that was signed November 2013 and has an expiration of November 2016 or until both parties mutually agree to terminate.

FACTS AND ISSUES: During 2018 the Georgia General Assembly passed HB751 which requires, as of January 1, 2019, all 9-1-1 fees collected by phone carriers to be submitted to the Georgia Emergency Communications Authority (GECA). GECA, in turn, will contract with the Georgia Department of Revenue for administration and disbursement of the 9-1-1 fees collected from these phone carriers. This legislation would further require the emergency 9-1-1 system to be a county wide service unless a municipality within that county also has its own system. Any emergency calls received by a county will be required to be directed to the appropriate public safety personnel, no matter whether county or city personnel. Counties will also be prohibited from charging fees or charges to cities for emergency call and connection services. The County is requesting a new IGA to reflect the new changes in the law. The new agreement is exactly the same as the prior agreement except a line has been removed that reads as follows: “Fees may be charged to the city for additional services as deemed appropriate, fair, and mutually agreeable.”

OPTIONS:

RECOMMENDED SAMPLE MOTION: I make a motion to approve the IGA between Hall County and the City of Flowery Branch for E-911 services and authorize the mayor to execute said agreement. DEPARTMENTS: City Clerk Executive Summary Prepared by: Melissa McCain

227


EXECUTIVE SUMMARY

SUBJECT: Consider Contract with Triteck Software for E-911 Calls for Service Information


HISTORY:See attached Executive Summary

FACTS AND ISSUES:See attached Executive Summary

OPTIONS:

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: Yes

AMOUNT AND SOURCE OF FUNDS:$3557.40 100-2650-60-53110 - Court software and support


SAMPLE MOTION: I make a motion to approve the contract with Tritec Systems and authorize the mayor to execute said document.

COLLABORATING DEPARTMENT: Police

DEPARTMENT: Police


ATTACHMENTS Executive Summary Tritech.pdf

230


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/241308/Tritech.pdf


EXECUTIVE SUMMARY

SUBJECT: Tritech Software Systems End User Agreement DATE: Sept. 20, 2018 ( X ) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- $3,557.40 ( ) OTHER CAPITAL- 0 COUNCIL ACTION REQUESTED ON: Council approval to enter into software end user agreement. PURPOSE: To allow the City Police Department to send and receive mobile data and “calls for service information” through the Hall County E911 Center.

HISTORY: Traditional dispatching historically has been via oral communications through the E911 Communications Center. County wide growth has driven increasing numbers of emergency personnel most often competing for air time to receive and respond to calls for service. It has become common place for emergency personnel to have to wait in line to transmit or receive emergency radio traffic. More than 1 year ago the City stopped receiving $900.00 monthly invoices from Hall County for use of their equipment. This was done to facilitate the fees expected to be paid to Tritech and as a reflection of the value of mobile data dispatching. Funding is provided for in the current annual budget. FACTS AND ISSUES: Mobile data transfer via in car computers significantly reduces the need to compete for air time (much like old party line phone systems). It facilitates direct call receipt from the E911 Center and direct response without interference from other emergency personnel who might be working. Officers see the call as it is coming into the system in real time. OPTIONS: 1. Authorize the Mayor to execute the agreement between the City of Flowery Branch and Tritech. 2. Do nothing and continue with the current dispatch system. 3. Investigate the purchase and development of a dispatch center with the City of Oakwood (Initial outlay more than 1,000,000) RECOMMENDED SAMPLE MOTION: I make a motion to approve the contract with Tritech Software Systems and authorize the Mayor to execute said document.

DEPARTMENT: City of Flowery Branch Police Department Prepared by: David Spillers

231

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