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.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 657, § 1(Exh. A), 12-16-2021)

(a)

This Article shall apply to all development within the city limits of Flowery Branch, unless otherwise specifically exempted from compliance.

(b)

Developments within the CBD, M-1, and M-2 zoning districts shall meet all requirements as shown in Article 9 of this ordinance.

(c)

See also Article 10 of this Zoning Ordinance for design requirements pertaining to all uses within the City.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 657, § 1(Exh. A), 12-16-2021)

The following activities are exempt from filing a design review request:

(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, 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)

An increase or decrease in the number of parking spaces of ten percent (10%) from the number originally approved.

(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.

(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.

(i)

The relocation of an access driveway or curb cut which does not affect or interfere with the approved placement of buildings or structures.

(j)

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

(k)

Development and activity that is specifically exempt from design review by another section of this zoning ordinance.

(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.

(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.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 657, § 1(Exh. A), 12-16-2021)

(a)

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

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 657, § 1(Exh. A), 12-16-2021)

(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, a certificate of occupancy, or a development permit until all requirements of this, and any and all relevant articles pertaining to review are satisfactorily met.

(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 request as required by this Article or has been found by the Zoning Administrator to be exempt from design plan approval.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 657, § 1(Exh. A), 12-16-2021)

A 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.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 657, § 1(Exh. A), 12-16-2021)

Requests for design review shall require submittal of the following requirements specified in this Section.

(a)

Written request, including signed and notarized signature of property owner;

(b)

Legal description of the property;

(c)

Survey of the property;

(d)

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

(e)

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

(f)

Statistics regarding the proposed development;

(g)

Description of any special conditions voluntarily made a part of the request;

(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.

(i)

Other information as may be required by the Zoning Administrator.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 657, § 1(Exh. A), 12-16-2021)

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.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 657, § 1(Exh. A), 12-16-2021)

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.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 657, § 1(Exh. A), 12-16-2021)