Flowery Branch City Zoning Code
ARTICLE 41
- PERMITS AND CERTIFICATES16
Editor's note—Ord. No. 348-18, § 1 (Exh. A), adopted Sept. 6, 2018, repealed former Art. 41, §§ 41.1—41.8, and enacted a new Art. 41 as set out herein. Former Art. 41 pertained to similar subject matter.
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)
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.
Applicant has 21 days to re-submit after comments are sent.
4.
Each subsequent review will have the same 21 day time line.
5.
Number of reviews.
a.
3 re-submittals will be allowed.
b.
If project is not approved after 3 re-submittals it is considered void and the process will start over.
6.
Coordination.
a.
All submittals shall come directly to Flowery Branch.
b.
All review comments shall be sent from Flowery Branch.
c.
Any requested meetings with the City engineer of record will be scheduled and approved by City staff.
d.
Any questions regarding the review shall be submitted to City staff via e-mail.
Sec. 41.5. - Duration of Validity of Development Permit.
A development permit shall expire one (1) 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 one (1) year of the date of issuance thereof, said permit shall expire.
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;
(d)
All design review requirements per Article 40 of this Ordinance and any and all other design requirements as dictated throughout this Ordinance; and
(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 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.