The City of Forest Park hereby establishes the urban design review board which shall conduct business consistent with all requirements of this chapter:

(1)

The urban design review board shall consist of five (5) members, who shall be appointed by the mayor and city council (governing body) for terms of three (3) years each. Each member shall be a resident or working professional within Clayton County. The planning and community development director shall provide advice and recommendations to the governing body concerning the qualifications of individuals considered for appointment to the board. On and after the effective date of this section, each person appointed to the board shall meet either one (1) of the two (2) following minimum requirements:

a.

He or she shall be educated and/or experienced in the field of land development, arts and culture, engineering, architecture, urban planning, landscape architecture, real estate, or similar professional field; or

b.

He or she shall be a design professional registered and licensed by the State of Georgia in one (1) of the following professional fields: architecture, engineering, or landscape architecture.

(2)

Any vacancy in the membership of the urban design review board will be filled for the unexpired term in the same manner as the initial appointment. Members shall serve with pay as established by the governing body and may be reimbursed for any authorized travel expenses incurred while representing the board.

(3)

Members of the urban design review board shall be appointed by the governing body of the city for overlapping terms of three (3) years each. In order to ensure that the members' terms overlap, the initial appointments made after the effective date of this amendment may be, but are not required to be, for terms of three (3) years, two (2) years, or one (1) year, as needed to ensure overlapping terms; and thereafter all subsequent appointments shall be the terms of three (3) years each. All members shall serve until their successors are duly appointed and assume office.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

Duties of the urban design review board. The urban design review board shall elect officers consisting of a chairman, a vice-chairman, and a secretary and shall adopt rules and guidelines for review of applications. Meetings of the board shall be held at such times as the board may determine on an as-needed basis. All meetings shall be open to the public. The board shall review and approve or disapprove development proposals as set forth in section 8-8-159(b).

(b)

Regulation of development citywide. The urban design review board shall review all proposed single family subdivisions, multiple family residential, commercial, and industrial new construction, multiple family and residential, commercial, and industrial re-development, exterior remodeling (other than maintenance), re-occupancy and/or demolition, community art and murals, and shall approve or disapprove all such construction, development, exterior remodeling, re-occupancy and/or demolition in accordance with the requirements set forth in the following subsections.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

Intent. The intent of this section is to provide procedures and standards for review and approval of site, landscaping, and exterior architectural design plans for development within the urban design review board's powers and duties as identified in section 8-8-159 in order to ensure that such development complies with the provisions of this chapter and meets design and development policies established by the city.

(b)

Purpose. The purpose of the design plan review process is to regulate site plan, landscaping, and the exterior architectural design for all uses in the urban design review board's powers and duties as identified in section 8-8-159 in order to:

(1)

Enhance and preserve the aesthetic qualities of the City of Forest Park as an attractive and progressive suburban community;

(2)

Protect and maintain the value of existing buildings and property;

(3)

Ensure architectural harmony between buildings and landscaping in order to promote and protect the aesthetic qualities of the city;

(4)

Lessen traffic congestion and minimize traffic safety problems;

(5)

Preserve and enhance the natural resources of the city in order to provide aesthetic and other public benefits, such as pollution abatement, erosion and runoff control, energy conservation, and enhancement of property values;

(6)

Minimize any adverse impacts of new development on existing uses through provisions of screening, buffering, landscaping, and other techniques;

(7)

Protect public investment by mitigating impacts generated by new development on existing public facilities, and utilities; and

(8)

Enhance economic opportunities by maintaining the city as an attractive community for prospective developers, businesses, and residents.

(c)

Applicability. A design plan approved by the urban design review board shall be required before a building permit is issued on any improvement, grading, alteration of land or alteration of the exterior of any building commences, for all structures and uses in the urban design review board's powers and duties as identified in section 8-8-159.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

Pre-application meeting. Prior to submittal of an application for approval or design plan, the applicant may meet with the planning and community development director, building official, or urban design review board member(s). The purpose of this informal meeting is to ensure the developer's understanding of this section and design plan application requirements; to inform the applicant of community design policies and standards; and to provide an opportunity for review of any preliminary drawings and site plans.

(b)

Application review. A design plan application shall be submitted in triplicate to the planning and community development director for review to ensure compliance with provisions of this section and/or transmission of two (2) copies to the urban design review board for review and final action. The architectural design plan application is to be submitted in completion by the second (2 ^nd ) Wednesday of each month by close of business to be reviewed on the following month calendar. The chairman of the board shall call a formal meeting once each month on the third Friday of each month of the application's acceptance. Within seventy-two (72) hours after the date of the formal review meeting, the board shall take final action on the design plan application. If the board shall fail to take final action upon the application, the application shall be deemed to be approved. The board may extend this deadline by a majority vote of those members present. When circumstances necessitate, the board may defer action on an application until its next meeting.

(c)

Decisions of the Board. The urban design review board shall take final action by rendering one (1) of the following decisions on the design plan:

(1)

Approval. The applicant shall be authorized to file for appropriate building permits in accordance with the approved design plan.

(2)

Conditional approval. The applicant shall be authorized to file for appropriate building permits with approved conditions or modifications to the design plan. Conditions imposed by the board shall be to achieve public purposes and shall still permit development as accorded high-quality similar developments within the City of Forest Park.

(3)

Denial. The applicant shall not be granted a building permit. The board shall specify in writing to the applicant and governing body the reasons for denial. The reasons for denial shall include negative impacts on the environment, property values, surrounding properties, or public health, safety, or welfare.

(d)

Design approval. Upon approval of the design plan, the chairman of the board shall notify the planning and community development director of the approval and transmit a copy of the approved design plan, with any conditions noted.

(e)

Enforcement. All exterior architectural design and landscaping and other on-site improvements shall be completed in accordance with the approved design plan. The building inspector shall make periodic field inspections as required. If a violation is found to exist, the building inspector shall take immediate appropriate action to ensure compliance. No certificate of occupancy shall be issued unless all on-site improvements, landscaping, and exterior building facades are completed (or guaranteed through the posting of an acceptable performance bond) in accordance with the approved design plan. A temporary certificate of occupancy may be issued not to exceed thirty (30) days wherein the on-site improvements can be completed within that time frame and such conditions present no safety hazard.

(f)

Approval duration and extension. Approval for a design plan submitted under provisions of this section shall expire or be extended subject to provisions in section 8-8-235, building permit process.

(g)

Application requirements. The specific administrative requirements for any pre-application and final application for design plan approval shall be established by the City of Forest Park; however, the application shall contain at least the following three (3) elements, as applicable:

(1)

Site analysis. A site analysis, with appropriate topographic data, shall include information on significant manmade and natural features and features to be retained, moved, or altered.

(2)

Site plan. A site plan at an appropriate scale with accompanying supporting information shall include information on proposed improvements including internal circulation and parking, landscaping, grading, lighting, drainage, and amenities.

(3)

Architectural design. The architectural design element shall include scaled elevation drawings of proposed structures and information on building materials, colors, and items affecting exterior appearance, such as signs, air conditioning, grills, compressors, and similar features.

(h)

Administrative waiver. The urban design review board may waive administrative requirements of this section as needed to facilitate the review process, where such requirements are inappropriate or unnecessary.

(i)

General architectural requirements. The general architectural requirements listed in this section are minimum aesthetic standards for structures within the urban design review board's powers and duties as identified in section 8-8-159, regulated by the provisions of this section. These requirements shall be used by the urban design review board in reviewing exterior architectural design plans and drawings and may be supplemented by specific architectural design policies and standards, as established by the urban design review board and approved by the governing body.

(1)

It shall not be the intent of the architectural requirements of this section to prescribe a narrow range of exterior architectural design choices, but rather to encourage well designed structures compatible with existing high-quality development in the immediate vicinity and in the surrounding area, and to prohibit poor-quality, garish, and/or incompatible design, which would have adverse effects on public and private investment.

(2)

Each architectural design plan shall be reviewed by the urban design review board, based upon, but not limited to, the following policies and standards:

a.

Design shall be in harmony with the general character of developments of high-quality in the immediate vicinity and the surrounding area, considering factors such as mass, building materials, placement, height, changing land use patterns, and consistency of exterior architectural treatment.

b.

Design components shall be planned in such a fashion that they are physically and aesthetically related and coordinated with other elements of the project and surrounding environment to ensure visual continuity of design.

c.

Design shall protect scenic views, particularly those of open space, and utilize natural features of the site.

d.

Design shall protect adjacent properties from negative visual and functional impacts.

e.

All exterior forms, attached to buildings or detached, shall be in conformity to and secondary to the building.

(j)

General landscaping requirements. The landscaping requirements listed below and within the ordinance are the minimum design standards for all development. These requirements shall be used by the board and the director in reviewing site plans and may be supplemented by specific landscaping standards and specifications established by the urban design review board.

(1)

Landscape design and planning shall be integrated with the overall design concept for the project; therefore, the board shall evaluate landscaping schemes as to their relationship to buildings and structures, as well as to existing natural and developed landscapes, and to other adjacent landscaping on private property and public rights-of-way.

(2)

Existing tree cover and natural vegetation shall be preserved, whenever possible, or at the applicant's option, replaced with suitable vegetation.

(3)

Landscaping or privacy fences shall be used whenever possible to screen objectionable views or nuisances which are visible from the roadway, such as service areas, refuse containers, air conditioning units, transformers, and similar features.

(4)

Grass areas shall be sodded or seeded with a variety suitable to the area that produces complete, permanent coverage.

(5)

No artificial plants, trees, or other vegetation shall be installed.

(6)

All landscaped areas shall be provided with a sprinkler system or readily available water supply.

(k)

Tree requirements. The following tree and planting and maintenance requirements shall be met:

(1)

Except as otherwise required by this section and to meet specific community design policies established by the urban design review board trees shall be planted and/or retained in areas of the site to enhance the overall project design and to provide such amenities as visual attractiveness, natural resources preservation, and energy conservation.

(2)

All retained or planted trees shall be protected or situated so as to prevent damage from environmental changes resulting from any building or other improvement.

(3)

The urban design review board may vary the minimum landscaping and tree requirements of this section if specific circumstances and/or site conditions warrant such action.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021; Ord. No. 23-07, § 1, 8-7-2023)

(a)

Agreement and bonding. Prior to issuance of a certificate of occupancy, the developer or owner may be required to post a performance bond or cash escrow deposit guaranteeing all landscaping materials and work for a period of one (1) year after approval or acceptance thereof by the city in a sum established by the urban design review board, if specific circumstances and/or conditions warrant such action (such as intentional failure on the part of the owner or developer to comply with these provisions on a prior occasion or occasions), such bond shall be in the amount of one hundred (100) percent of the estimated cost of replacing all landscaping required in the approved design plan. At the end of one (1) year, the building inspector shall make an inspection and notify the owner or developer and the bond company of any replacements/corrections required to be made. If there are no replacements or corrections to be made, then the building inspector may authorize release of the bond or cash deposit.

(b)

Maintenance. The owner shall be responsible for the maintenance and protection of all landscaping and other features of the design plan approved by the urban design review board.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

Any party aggrieved by the decision of the urban design review board shall be entitled to file an appeal with the mayor and city council.

(1)

Said appeal must be submitted in writing and addressed to the mayor and city council of the City of Forest Park.

(2)

Said appeal shall set forth each and every basis upon which the application was denied and shall set forth each and every reason that the said denial should be overruled.

(3)

The governing body shall then set a time and date at the next regular meeting of the governing body whereby the aggrieved party may come before it and submit proof to said governing body that the denial is improper.

(4)

The governing body shall afford the applicant sufficient time in which the applicant may address each reason that said party contends the board was in error. The governing body shall then hear from the director and/or a representative of the urban design review board as to why said application was originally denied, and what negative impact said structure would have on the city.

(5)

The governing body may question either the applicant, the director, the board representative, or all, in order to clarify or expand upon the position taken by either the applicant or the board.

(6)

Thereafter, the mayor and city council shall vote and decide whether to overrule initial decision of the urban design review board or whether to permit the decision of same to stand.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

The City of Forest Park hereby establishes the planning commission which shall conduct business consistent with all requirements of the State of Georgia and this chapter.

(1)

Membership. The planning commission shall consist of and continue as a five (5) member commission. Members shall be appointed and confirmed in accordance with mayor and city council approval.

(2)

Term. Planning commission members shall be residents or property owners within the city and shall not be members of the city governing authority. Members shall be appointed for four (4) year terms and shall serve until their successor is appointed and qualified. Each successive appointment shall be for three (3) years.

(3)

Vacancies. Any vacancy in membership shall be filled for the unexpired term by the governing authority who shall have the authority to remove any member for cause, on written charges, after a hearing has been held by the governing authority. If a member moves outside the city limits or sells his/her property within the city; it shall constitute a resignation from the planning commission. Vacancies for unexpired terms shall be filled in the same manner as the initial appointment and the mayor and city council shall appoint and confirm a member for the unexpired term of the vacating member. Members may be reappointed to successive terms without limitation.

(4)

Compensation. All members shall be compensated in an amount as fixed from time to time by the mayor and council, and each may be further reimbursed for actual expenses incurred in direct connection with official duties when said expense has the prior approval of the mayor or city manager.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

Recommending body. The planning commission shall serve as the recommending body for the mayor and city council of Forest Park for the following applications. Planning commission shall recommend approval or denial of applications being forwarded to the mayor and city council, which include:

(1)

Comprehensive plan amendments;

(2)

Zoning map amendments(rezoning);

(3)

Conditional uses;

(4)

Text amendments; and

(5)

Regulations for the subdivision of land within the city, and to administer the regulations that may be adopted.

(b)

Decision making body. The planning commission shall approve or deny the following applications for:

(1)

Variances.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

Quorum. Three (3) members of the planning commission shall constitute a quorum for the transaction of business.

(b)

Officers. The following officers shall be established:

(1)

The planning commission shall elect a chairman. The chairman shall serve for one (1) year or until he/she is re-elected or his/her successor is elected.

(2)

A second member shall be elected as vice chairman, and he/she shall serve for one (1) year or until he/she is re-elected or his/her successor is elected.

(3)

The planning commission shall appoint a secretary, who is an employee of the City of Forest Park.

(c)

Meetings. The planning commission shall meet a minimum of once each month at a date and time established by the planning and community development director, and all meetings shall be called in accordance with the procedures in Robert's Rules of Order.

(d)

Rules and operating procedures. The planning commission shall have the authority, with mayor and city council consent, to adopt any procedures concerning organization, forms for applications, filing requirements, procedures, and conduct of meetings.

(e)

Filing. All applications shall be filed by the applicant with the planning and community development departments in the form prescribed by the director.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

Acknowledgement. All persons who wish to address the planning commission at a hearing shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

(b)

Matter presented. The chairman will read the proposed petition under consideration in the order determined by the director. The director, or his/her designee, shall then present the petition, along with the staff report and all recommendations prior to receiving public input on the proposed petition.

(c)

Speakers. The chairman will then call each person who has signed up to speak on the petition in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the planning commission, in its discretion, allows the person to speak to the petition, notwithstanding the failure of the person to sign up prior to the hearing.

(d)

Time limits. The applicant shall have a reasonable time for his presentation. The opponents of the request shall be allotted a reasonable time as well.

(e)

Decorum and order. Each speaker shall speak only to the merits of the proposed petition under consideration and shall address his remarks only to the members of the planning commission.

(f)

Notification. These procedures shall be available in writing at each hearing.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

For all public hearings, the petitioner shall provide notice to the public consistent with the requirements of this chapter provided in section 8-8-185, notice of public hearing.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)