The intent of this article is to establish requirements for certain developments, building construction, and land use activities to be reviewed and approved with regard to their site design and architectural appearance. This chapter provides procedures and standards for review and approval of site, landscaping, and exterior architectural design plans. Site and design plan review is required to insure that developments and buildings comply with the provisions of this chapter and meet the community design and development policies established by the City in its Comprehensive Plan and this Zoning Ordinance.

The purpose of the site and design plan review process established in this article is to regulate site planning, landscaping, and the exterior architectural design of specified uses and structures in order to:

1.

Enhance and preserve the aesthetic qualities of Lilburn as an attractive community with a rich historical background.

2.

Protect and maintain the value of existing buildings and property.

3.

Insure architectural compatibility between buildings and adequate landscaping to promote and protect the aesthetic and historic qualities of Lilburn.

4.

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

5.

Preserve and enhance the natural resources of Lilburn in order to provide aesthetic and other public benefits, such as erosion sedimentation and pollution control, energy conservation, minimization of flood hazards, and resilient eco systems.

6.

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

(Ord. No. 2016-503, Exh. A, 6-13-2016)

The director may review and comment on initial site and design plans and provide advice to applicants prior to submittal of applications for design plan approval.

The following shall be exempt from the requirements to obtain site and design review and plan approval as specified in this article:

1.

Excavation or land disturbance of 2,000 square feet in area or less, provided that best management practices are followed as required by the City's soil erosion, sedimentation and pollution control ordinance.

2.

Temporary ground or wall signs, unlighted, during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction, not to exceed maximum size requirements of the Lilburn Sign Ordinance.

3.

Repair or reconstruction of existing freestanding retaining walls or decorative walls less than 4' in height, or fences, when repaired or replaced with materials that are the same or substantially similar to those originally constructed or approved via site and design plan review.

4.

Fences and walls less than 4' in height in the side and/or rear yard of a lot containing a detached, single-family residence.

5.

The installation of landscaping on a lot containing a detached, single-family dwelling.

6.

The repainting of an existing building or structure.

7.

The installation or reconfiguration of driveways and the installation, pavement or resurfacing of walkways, ramps, and steps serving a detached, single-family residence.

8.

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 existing or previously approved via site and design review.

9.

Repairs, remodeling, re-siding, and other changes to existing detached, single-family dwellings or their permitted accessory buildings, structures, and uses which do not increase the building square footage (area), property coverage (footprint), or the height of buildings or structures on the lot.

10.

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

11.

Satellite dishes, provided they are not mounted on front building façades.

12.

Dumpsters, when located in rear yards, subject to compliance with applicable screening requirements, and temporary roll-off debris containers for a period not exceeding 60 days.

13.

Changes of material appearance to a detached, single-family dwelling similar in scope and impact to other exemptions enumerated in this section and which are exempted by the director.

14.

Any changes in material appearance not otherwise exempted by this section but which receive approval from the department. In issuing such an exemption, the city may place conditions on its approval to exempt the material change in appearance from the requirements to file design plans as required by this article.

The director is authorized to prepare administrative forms and to provide evidence, upon application and for a fee if authorized, that a proposed action is exempted from the requirement to obtain site and design approval as specified in this article.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

For any development, building, structure, or activity to which this article applies, approval of a site and design plan shall be required before a development permit, building permit or other permit, as appropriate, is issued or any improvement, grading, alteration of land(s), or construction of building(s) commences. The director shall not authorize and shall not issue a development permit for the improvement, grading, or alteration of land until a site and design plan if required by this article has been approved as required by this article. The department shall not authorize and the building inspector shall not issue a building permit or certificate of occupancy for a development, building, structure, or activity subject to the requirements of this article until a site and design plan, if required by this article, has been approved.

Any building, structure, improvement, excavation, or other activity not specifically exempted from compliance with this article shall require the submission of an application and plans and other information to the director as specified in this chapter.

All applications for site and design plan approval shall be made as required by the director and shall at minimum contain the information required; provided, however, that the director may waive any application submission requirement where such information is irrelevant to the application at hand, is not needed to facilitate review by staff, and/or would be a disproportional burden on the applicant to supply the information given the nature of development or improvement proposed.

Unless waived by the Director, the following items shall be submitted in order to have a complete application for site and design review:

1.

Application fee, if required by resolution of the City Council.

2.

Application form furnished by the Director, which at minimum shall describe the proposed development.

3.

Survey plat of the property showing all property lines with metes and bounds and dimensions.

4.

Site plan of the property at an appropriate engineering scale showing buildings, parking, property lines, and other appropriate details.

5.

Grading, drainage, and utilities plan.

6.

Landscaping and tree protection plan, including required buffers and landscape strips.

7.

Front, rear, and side elevation drawings of buildings and/or photographs, as appropriate, showing architectural features and materials.

8.

Color and material description (or samples) for exterior facades, roofing of buildings and signage.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

1.

Initial pre-application encouraged. Applicants with development proposals, such as construction of one or more new buildings, are strongly encouraged but not required to have a pre-application meeting with the director to gain preliminary input and to ensure application completeness. The director may ask questions of the applicant's intent and make suggestions with regard to site configuration, colors, building materials, landscaping, architectural design, and accessory structures, or other matters. Specific directions will be given to the applicant in preparing the application for site and design plan approval.

2.

Finding of completeness. A finding of completeness by the director is required to process an application for site and design plan approval. If incomplete, notice shall be provided to any applicant within five days of submittal and said notice shall describe the deficiencies that need to be corrected or omitted materials that need to be submitted in order to complete the application. Once complete, Director shall provide for 30 day review period of complete application, including five days to determine completeness, and two days to notify applicant of 30 day review period and provide written comments. Following receipt of comments, applicant shall have 30 days to revise and resubmit design plans and the Director shall review revisions in accordance with comments within five days of resubmittal, to approve or deny Site and Design Plans for permitting. If revised application or plans generate new review comments, notice of new application or plan review shall be provided within five days, and City shall review and provide comments on new plans within 30 days including five days to determine completeness. Any delay not attributable to the City review shall not count toward the 30 day timeframe.

3.

Criteria for action. The proposed site and design plan must be consistent with design criteria specified for the zoning district in which the project is located. See Article 4, Tables 4.2 and 4.4 for most zoning districts; Article 5 for Design Standards, as applicable. Site and Design Plans, application shall comply with all applicable codes, including but not limited to zoning, development regulations, environmental codes, building codes and additional local, state and federal agency review criteria.

(Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2019-542, 10-14-2019)

In addition to considering each site and design plan application's consistency with the purposes of this article, the Department shall review applications and take action based on conformance with the latest edition of building codes as adopted by City Council.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

Site development, construction, erection of structures and signs, and landscaping shall be carried out in accordance with the plans, drawings, sketches, specifications, and other documents approved in the application for site and design plan approval, unless changes are proposed and approved in accordance with the requirements set forth in this section.

1.

If the application for site and design plan approval is denied, the applicant shall not be granted a development permit, building permit, and/or certificate of occupancy. The Department may suggest alternative courses of action it thinks proper if it denies the application submitted. The applicant may make modifications to the plans and may resubmit the application at any time.

If Director finds a complete application cannot be reviewed within 30 days, applicant may pursue third party plan review according to HB493. If the third-party approved application for site and design plan approval is denied by the Department, the applicant may appeal to the Zoning Board of Appeals for review and decision. Said decision shall constitute final site and design plan approval or denial for purposes of this article.

(Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2019-542, 10-14-2019)