5.3.1   Establishment.

A Planning Commission is hereby created. The Mayor and each Council Member shall each appoint one (1) member who shall serve at the pleasure of the Mayor or Council Member making the appointment. Members may be reimbursed for any authorized travel expenses incurred while representing the Planning Commission.

5.3.2   Proceedings of the planning commission.

A.

The Planning Commission shall elect a Chairperson and a Vice Chairperson from its members who shall serve for one year or until re-elected or until their successors are elected. The Planning Commission shall meet in public hearing in accordance with a schedule of such hearing established by the City Council. Other meetings of the Planning Commission shall be held at the call of the chairperson and at such other times as the Planning Commission may determine. All meetings of the Planning Commission shall be open to the public.

B.

A majority of the entire Planning Commission shall constitute a quorum. The vote of the majority of the Planning Commission members present and voting at a meeting which a quorum is present shall be necessary to affirm any decision or recommendation.

C.

The Director shall serve as secretary to the Planning Commission. The secretary shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be of public record.

D.

The Planning Commission, by majority vote, may adopt standards which shall be reviewed and approved by the City Council.

5.3.3   Powers and duties of the planning commission.

A.

The Planning Commission shall have the duty and responsibility to conduct a public hearing on all applications for zoning changes brought before it by the Director, including any request for an exception associated with any application for a zoning change, to review the applications in accordance with the standards and procedures set forth elsewhere in this Ordinance, and to make such recommendations as it deems appropriate to the City Council on each use.

B.

The Planning Commission shall also have the duty and responsibility to conduct public hearing on all applications for an amendment to the Comprehensive Land Use Plan and all proposed amendments to the text of this Ordinance, to review the applications in accordance with the standards and procedures set forth elsewhere in this Ordinance, and to make such recommendations as it deems appropriate to the City Council on each case.

C.

The Planning Commission shall also have the authority to initiate on its own motion an amendment to the Comprehensive Land Use Plan or to the text of this Ordinance when, in its determination, such changes are necessary or desirable.

D.

The Planning Commission shall also have the duty and responsibility to request the Director to prepare such plans and studies as it may deem appropriate and report said findings.

5.4.1   Establishment.

A Design Review Board is hereby established. The Board shall consist of seven (7) members. Members shall be appointed and shall serve in accordance with the City Boards and Commissions Ordinance. No members shall be employed by the City, hold public office in the City, or be a member of another City Board or Commission. At least one member of the board shall be a professional architect.

5.4.2   Proceedings of the design review board.

A.

The Board shall elect a Chairman and a Vice Chairman from its members who shall serve for one year or until their successors are elected. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public.

B.

A minimum of four (4) members of the Board shall constitute a quorum. Any act of the Board shall require a majority vote of the Board members at a meeting at which a quorum is present.

C.

A Staff member of the Community Development Department. shall serve as a non-voting secretary to the Design Review Board. The Board shall maintain minutes of its proceedings, including the results of all votes taken and shall maintain records of its examinations and other official actions, all of which shall be filed in the office of the Community Development Department as public record.

5.4.3   Powers and duties of the design review board.

The restrictions imposed by this section shall apply to all non-single-family detached buildings, structures, sites, and areas and the property on which they are located, within the Downtown Overlay, Corridors of Influence, Interchange Districts, to all projects which otherwise expressly include, as a condition of development, review by the Design Review Board and other requests for new construction forwarded to the Board by the Director of Community Development. The Design Review Board shall:

A.

Review for design approval applications for:

1.

All exterior features of new construction;

2.

All exterior features of construction, alteration, restoration, moving, demolition or repair of existing buildings or improvements involving or resulting in a change in the existing structural composition or architectural design or character of such building or improvement;

3.

All proposed changes to existing plot plans, site layout, off-street parking areas and other features such as walls, walks, terraces, fences, signs and lights, except as otherwise provided herein;

4.

All proposed screening of dumpsters, satellite antennas, parking lots, and rooftop and other mechanical equipment;

5.

All proposed outdoor play yards and/or equipment, and outdoor patios with or without seating.

B.

Review for design approval all applications for signs within the Downtown Overlay and all applications for master sign plans. Further, the Board shall review for design approval any application for a sign that is referred by the Director to the Design Review Board for design review in accordance with other provisions of this Code or the Design Review Board Ordinance.

C.

Grant or deny applications based upon a design review of the proposed development activity for compliance with design standards.

D.

The following shall not be subject to review by the Board:

1.

Repainting of a structure to the same color if that color has received previous Board approval;

2.

The ordinary maintenance or repair of any exterior elements of any building or structure;

3.

The construction, reconstruction, alteration or demolition of any such elements which the authorized City officers shall certify as required for public safety.

4.

Signs located outside the Downtown Overlay, unless design review is specifically referred to the Board by the Director or is performed in conjunction with the review of an application for a master sign plan.

E.

Act in an advisory role to other City departments, boards and commissions.

F.

Develop from time to time further design standards consistent with the purposes, intents, and standards established in the Design Review Board Ordinance.

G.

Hear and decide appeals of administrative decisions denying design approval of signs reviewed by the Director for compliance with the design standards set forth in the Design Review Board Ordinance.

(Ord. No. 751, § 3(Exh. B), 10-16-2017; Ord. No. 778, § 2, 6-17-2019)

5.4.4   Appeals from decisions.

Decisions of the Design Review Board with respect to applications for design approval are final.

5.5.1   Establishment.

The Mayor and each Council Member shall appoint one (1) member to a seven (7) member Natural Resources Commission. At least three (3) members shall have experience in land development or a related profession, such as grading, landscape architecture, engineering and earth work. Members may be reimbursed for any authorized travel expenses incurred while representing the Natural Resources Commission.

5.5.2   Proceedings of the natural resources commission.

A.

The Natural Resources Commission shall elect a Chairperson and a Vice Chairperson from its members who shall serve for one year or until re-elected or until their successors are elected. The Natural Resources Commission shall meet annually and at such other times as scheduled by the Director. Other meetings of the Natural Resources Commission shall be held at the call of the chairperson and at such other times as the Natural Resources Commission may determine. All meetings of the Natural Resources Commission shall be open to the public.

B.

A majority of the entire Natural Resources Commission shall constitute a quorum. The vote of the majority of the Natural Resources Commission members present and voting at a meeting which a quorum is present shall be necessary to affirm any decision or recommendation.

C.

The Arborist shall serve as secretary to the Natural Resources Commission. The secretary shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be of public record.

5.5.3   Powers and duties of the tree commission.

A.

The Natural Resources Commission shall give advice to the City Council based on an annual re-evaluation of experience under the Ordinance, provide leadership in the development of understanding of the objectives and methods of the tree program, and assist the Director in the development and maintenance of technical specifications.

B.

The Natural Resources Commission shall produce and maintain a list of proposed changes to the kinds and species of trees described in the Tree Planting List in this Ordinance. Any such changes may be adopted by resolution of the City Council and may be changed from time to time by City Council resolution. Upon such adoption, the changes shall become a part of this Ordinance.

5.6.1   Establishment.

A Board of Appeals is hereby created. The Mayor and each Council Member shall each appoint one (1) member who shall serve at the pleasure of the Mayor or Council Member making the appointment. Members may be reimbursed for any authorized travel expenses incurred while representing the Board.

5.6.2   Proceedings of the board of appeals.

A.

The Board of Appeals shall elect a Chairperson and a Vice Chairperson from its members who shall serve for one year or until re-elected or until their successors are elected. The Board of Appeals shall meet in public hearing in accordance with a schedule of hearings established by the Director. Other meetings of the Board of Appeals shall be held at the call of the chairperson and at such other times as the Board of Appeals may determine. All meetings of the Board of Appeals shall be open to the public.

B.

A majority of the entire Board of Appeals shall constitute a quorum. The vote of the majority of the Board of Appeals members present and voting at a meeting which a quorum is present shall be necessary to affirm any order, requirement, decision or other determination of the Director, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to effect any variation of this Ordinance.

C.

The Director shall serve as secretary to the Board. The secretary shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be of public record. On all appeals, applications and matters brought before the Board of Appeals, the Secretary shall inform in writing all of the parties in interest of its decision.

5.6.3   Powers and duties of the board of appeals.

The Board of Appeals shall have the following duties:

A.

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Director in the enforcement of this Ordinance, except as otherwise expressly provided for herein.

B.

To authorize, a hardship variance or an exception from the terms of this Ordinance, where such variance or exception does not constitute more than 50% of the stipulated code requirement and as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will in an individual case, result in unnecessary hardship, or will provide no benefit to the public, so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done.

C.

To decide on other matters where a decision of the Board of Appeals may be specifically required by the provisions of this Ordinance.

D.

The Board, in the execution of duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the Superior Court.

E.

The actions of The Board of Appeals shall be final unless appealed to Superior Court within 30 days of Board action.

(Ord. No. 751, § 4, 10-16-2017)

5.9.1   Enforcement.

It shall be the duty of the Director and the City Engineer to enforce the provisions of this Ordinance in accordance with their respective responsibilities as set forth in this Ordinance.

A.

If either the Director or the City Engineer shall find that the provisions of this Ordinance are being violated, the Director or the City Engineer shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering action necessary to correct it. Upon continuing noncompliance, or initially in the case of an immediate threat to the public health, safety, or welfare, the Director or the City Engineer shall have the authority to issue citations and to prosecute violations under authority of the City Charter.

B.

The Director shall order discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures or of illegal additions, alterations or structural changes, discontinuation of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions.

C.

The City Engineer shall order discontinuance of any illegal grading activities or site work underway on a property; or any illegal activity affecting a public street, utility or facility; and any other activity affecting the natural environment for which a permit is required under this Ordinance.

D.

Whenever uncertainty exists as to the appropriate enforcement party, the decision of the Director shall control.

E.

In pursuing enforcement activities, the Director and the City Engineer shall each have the following authority:

1.

They shall be authorized to enter upon any premises to perform any duty imposed upon them by this Ordinance.

2.

They may also provide a written cease and desist notice to any property owner or agent with respect to any development that is proceeding contrary to the provisions of this Ordinance. The notice shall also state the conditions under which development may be resumed. When an emergency exists, they shall not be required to give written notice prior to stopping the work.

3.

Further, in the event that development is proceeding contrary to the provisions of this Ordinance, they may revoke any permit previously issued by any department of the City, and may refuse to issue any further permit until, in their discretion, the work or development is brought into compliance with the provisions of this Ordinance.

4.

Whenever any person is engaged in or is about to engage in any act or practice which would constitute or will constitute a violation of any provision of this Ordinance, the City may also apply to the Superior Court of Fulton County for an order enjoining such act or practice, or requiring such person to remove the violation or directing the restoration, as nearly as may be practical, of any improvement or any exterior architectural feature thereof affected by or involved in such violation.

5.9.2   Penalties.

Any person violating any provision of this Ordinance (including any Article or Section of this Ordinance) shall be prosecuted as provided in ARTICLE IV of the Alpharetta City Charter and, upon conviction, shall be fined not less than $250.00 nor more than $1,000.00 for each offense. Each day such violation continues shall constitute a separate offense.