The City of Flowery Branch is authorized by Section 1.2 of the Flowery Branch City Charter to provide for changes by ordinance to reflect lawful changes in the corporate boundaries of the city. The City is authorized to annex lands in accordance with state law (O.C.G.A. § 36-36-1 et seq.).

(Ord. No. 525, § 1, 7-7-2016)

This article addresses the application for annexation by a property owner or group of property owners under the 100% and 60% methods of annexation. It therefore does not apply to other methods of annexation authorized by state law (O.C.G.A. § 36-36-1 et seq.).

(Ord. No. 525, § 1, 7-7-2016)

Prior to filing an application for annexation of property into the city limits, the property owner(s) is strongly encouraged to schedule and attend a meeting with the Zoning Administrator, the purpose of which is to discuss the zoning district or districts potentially applicable to the property to be annexed and to determine the most appropriate zoning district of the city to be applied to the annexed area in the event that development exists on the property. Property owners proposing to annex property already developed are encouraged to bring a copy of an as-built survey of the property, if available. The Zoning Administrator may also advise the applicant on the procedures to be followed in annexation and zoning the subject property as specified in state law (O.C.G.A. § 36-36-1 et seq.) and the City of Flowery Branch zoning ordinance.

(Ord. No. 525, § 1, 7-7-2016)

Applications for annexation shall be filed with the City Clerk and shall include the following requirements:

(a)

A completed application for annexation; and

(b)

Boundary survey of the property or properties proposed to be annexed, or a plat of same with reference to its recording in the Office of the Clerk of Superior Court of Hall County; and

(c)

A written and electronic copy in Microsoft Word-compatible format of the Legal description of the property or properties proposed to be annexed, matching the boundary survey or plat submitted; and

(d)

An application for zoning of the property or properties to be annexed by the city, to one or more city zoning districts as described in the City of Flowery Branch Zoning Ordinance (see Sec. 44.5 for details).

(e)

For annexation applications involving property of 100 acres or more, the applicant shall also be required to file an application to amend the comprehensive plan of the city to at minimum indicate the proposed character and future land use plan map designations for the subject property or properties.

(f)

There is no fee associated with filing an application for annexation and, if applicable, an application to amend the comprehensive plan. However, the property owner or property owners shall be responsible for paying a fee for a rezoning application unless waived by the Zoning Administrator and authorized by the City Manager per Section 34.4 of this zoning ordinance.

(Ord. No. 525, § 1, 7-7-2016)

(a)

An application for rezoning of the property or properties proposed for annexation shall be filed with the Zoning Administrator concurrently with the filing of any application by a property owner for annexation.

(b)

The rezoning application shall meet the requirements for submittal of materials as specified in Section 34.5 of this zoning ordinance; provided however, that the Zoning Administrator may waive the requirements for a site plan, letter of intent, and statistics regarding the proposed development if the applicant indicates in the annexation application that there is no intent to develop the property within 180 days of the effective date of the annexation if approved.

(Ord. No. 525, § 1, 7-7-2016)

(a)

The city shall complete the procedures required by state law (O.C.G.A. § 36-36-1 et seq.) for the proposed zoning of annexed land, except for the final vote of the municipal governing authority, prior to adoption of the annexation ordinance but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under O.C.G.A. § 36-36-6 (reference: O.C.G.A. § 36-36-4). If the annexation request is denied, any action by the City Council on the zoning shall be null and void.

(b)

The rezoning procedure shall comply with the public notice and procedural requirements specified in Article 34 of the Flowery Branch Zoning Ordinance for rezoning applications and the Zoning Procedures Law (O.C.G.A. § 36-66 et seq.).

(Ord. No. 525, § 1, 7-7-2016)

Applicants for annexation are authorized to file one or more concurrent applications for variance or conditional use pertaining to the property to be annexed. If such concurrent applications are filed, they must meet all requirements specified for the types of applications by the Flowery Branch Zoning Ordinance.

(Ord. No. 525, § 1, 7-7-2016)

Annexation procedures are specified by state law (O.C.G.A. § 36-36-1 et seq.). Those procedures include but are not limited to the following which are articulated here for the convenience of the city and annexation applicants.

(a)

The city notifies the county in which land to be annexed is located of any proposed annexation (O.C.G.A. § 36-36-6). Objections by the county are possible (O.C.G.A. § 36-36-11). Annexations cannot result in unincorporated islands as defined and prohibited in O.C.G.A. § 36-36-4.

(b)

Annexations accomplished via property owner application require approval of the City Council and adoption by ordinance.

(c)

The effective date of the annexation (and thus, the zoning) is determined as specified in O.C.G.A. § 36-36-2. Following annexation approval, the city files a report identifying any property annexed with the Georgia Department of Community Affairs and with the county governing authority of the county in which the property being annexed is located (reference: O.C.G.A. § 36-36-3). The city will also update its boundary and zoning maps to reflect approved annexations.

(Ord. No. 525, § 1, 7-7-2016)

Any use existing at the time of annexation approval on property annexed by the city which does not comply with the use provisions of the city's zoning district assigned to said annexed property shall be considered a nonconforming use. Any annexed property which has been subdivided in a manner that does not meet the requirements of the city's zoning district assigned to said annexed property shall be considered a nonconforming lot or lots. Existing developed conditions on property annexed may not meet height, bulk, setback, and/or other requirements of this zoning ordinance, in which case they are nonconforming buildings and situations. All such nonconformities are governed by Article 18 of this zoning ordinance.

(Ord. No. 525, § 1, 7-7-2016)

Lands hereafter annexed into the city limits shall, upon the effective date of such annexation, be subject to all applicable procedural and substantive requirements of this Ordinance as now or hereafter amended. Any new use of an annexed property after zoning approval shall only be permitted if it conforms to all applicable provisions of this Ordinance.

(Ord. No. 525, § 1, 7-7-2016)

No application for a development or building permit shall be filed on newly annexed property until the first day of the month following the effective date of the annexation approval.

(Ord. No. 525, § 1, 7-7-2016)