Pine Lake City Zoning Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commissioners or board. Wherever the terms "commissioners" or "board" appear in such codes, the same shall read "city council."

County. Wherever the term "county" appears in the technical building and construction codes adopted by reference under this chapter, the same shall read "city."

New construction, as referred to in this chapter, means a structure constructed from the ground up.

Renovation, as referred to in this chapter, means a permanent structure that is being altered significantly, to make new again.

(Code 1986, § 6-2-3)

All building codes of DeKalb County, Georgia, are hereby adopted by reference for the City of Pine Lake, Georgia, with the exception of rules explicitly addressed herein.

(Code 1986, § 6-2-1)

All codes enforceable by the city shall be kept on file in the office of the city clerk where they shall be available for public inspection.

(Code 1986, § 6-2-2)

Where such building, plumbing, heating and electrical code is in conflict with the provisions of any other ordinance of the city or any state law, the provisions of such code or the state law shall prevail.

(Code 1986, § 6-2-4)

(a)

No new construction, or renovations shall be made without first obtaining a building permit from the city and second, by obtaining a permit from the county development department. The city clerk will issue permits for all new construction or renovations, only after approval and signature of the mayor or the mayors' duly assigned agent using the requirements listed below. Upon completion, no person shall occupy a new construction or renovation without first obtaining an occupancy permit from the city and, second, by obtaining an additional and final occupancy permit from the county development department. The city clerk shall issue occupancy permits from the city, only after the approval and signature of the mayor or the mayors duly assigned agent. The county development department shall not issue a building permit or an occupancy permit until the city has first issued a building permit or occupancy permit. No building permit or occupancy permit shall be issued by the city unless all building ordinances as adopted by the city and the county have been fully complied with.

(b)

The following regulations apply to both new construction and renovations:

(1)

The basic building permit fee is $100.00 plus an administration fee, calculated as follows:

a.

For replacing, improving, modifying or increasing buildings that are currently being taxed, the administration fee will be calculated as 0.4 percent of the good faith estimated costs of renovation.

b.

For new buildings, the administration fee will be calculated as 0.8 percent of sold price. Said construction will require a $1,000.00 deposit per unit before construction and the balance due to the city or to the developer will be reconciled upon closing.

c.

Upon approval of all final inspections, a certificate of occupancy will be issued for a fee of $75.00. Occupancy of any new or renovated structure without a certificate is prohibited.

(2)

All applications for building permits must include the following:

a.

To-scale site plan showing dimensions of all side boundaries and major trees six inches and over in diameter that will be removed and showing all setbacks and proposed construction; plus existing and proposed structures.

b.

1.

All new business construction will include pedestrian access via sidewalks or approved trails. All builders will provide pedestrian trails in accordance with accessibility requirements under the Americans with Disabilities Act of 1990 and the Architectural Barriers Act of 1968.

2.

Sidewalks or trails will interconnect businesses.

3.

Sidewalks or trails will be a minimum of 60 inches wide, will be at a grade less than eight degrees except where prohibited by topography, and will not include turns with a radius less than four feet.

4.

Sidewalks or trails will allow access to the street in at least one place along the property line.

c.

1.

All new construction along the corridors zoned as professional or commercial business will include proper curbing to separate the pedestrian areas from vehicular traffic.

2.

Curbing will be constructed along the roadway and may include an entrance lane arc.

3.

Curbing may be constructed by concrete or stone.

4.

Curbing will be a minimum of four inches wide and six inches above road bed.

d.

Silt control and drainage plan. Silt control and drainage measures will be in place prior to construction and maintained throughout project. On completion of project, lawn must be sodded, seeded or have other means of ground cover for erosion prevention; and

e.

A signed waiver that builder is responsible for all damage to city property such as curbing, sidewalks and streets and shall be repaired to the original state.

(3)

All county inspections must be made and approved by the county.

(4)

Upon completion of construction a city certificate of occupancy is required after all of the above requirements have been met. No occupancy is allowed prior to the issuance of this certificate.

(5)

Enforcement of regulations. The city administrator or his/her designee will inspect the property three times during the course of the project. First inspection prior to construction to verify accuracy of site plan, second visit prior to permanent installation of foundation, and third prior to issuance of city certificate of occupancy to ensure that construction is as per planned. The city administrator or designee is empowered to issue citations for violations of the above regulations. Failure to institute immediate corrective measures will result in work stoppage and citations for repeated infractions.

(6)

Stormwater run-off.

a.

All builders will minimize the long-term impact of stormwater run-off produced as a result of their construction. This section applies to all new construction and does not replace subsection (b)(3)d of this section.

b.

The effective date of the ordinance from which this section is derived was June 9, 2003.

c.

New construction will not intentionally divert untreated stormwater from parking areas onto the street.

d.

Construction plans will yield less than one gallon (or 0.1556 cubic feet) of surface water runoff according to engineering calculations for a peak rain event of six inches (0.5 feet) per hour. Builders will calculate the stormwater impact of all proposed new construction. The calculation will take into account the impermeability of engineered surface areas as well as the water retainability of natural and engineered retention features. The net stormwater impact is the volume of runoff water calculated by subtraction the lot's ability to absorb water by the stormwater produced by a building or paving (covering), given as:

New stormwater = (lot's ability to absorb) - (construction's stormwater production)

e.

The construction's stormwater impact will be calculated by multiplying the area of each covered portion by the associated impermeability factors by a rain rate of 0.51 feet an hour. Then, subtract from that subtotal the number of gallons credited for those features which absorb or retain water.

f.

Proposed calculations will assume the following:

1.

Each 6,000 square foot plot will be credited with the ability to retain 2,571 gallons of water;

2.

Each tree less than 12 inches in width (at breast height) provides a credit of ten gallon per inch. Each tree thicker than 12 inches provides a credit of 20 gallons per inch;

3.

Horizontally projected roofline (shadow) will create 3.21 gallons per square foot;

4.

Concrete or asphalt surfaces will create 2.89 gallons per square foot;

5.

Crush-and-run gravel will create 0.640 gallons per square foot;

6.

Brick, stone or concrete pavers will create 0.963 gallons per square foot;

7.

Uncovered wooden decks with spaces greater than 0.5 inches will not produce stormwater; decks of other materials and with spaces smaller that 0.5 inches will create 0.640 to 0.963 gallons per square foot;

8.

Water features (like ponds) will be credited with 16.05 gallons per square foot;

9.

Earthen swales with large rocks will be credited with 2.25 gallons per cubic foot;

10.

Drywells or concrete stormwater retention ponds will provide a credit of 6.42 gallons per cubic foot.

g.

Calculations will be done by addressing each subtotal as illustrated in the following example:

(7)

This section is constructed to minimize floodplain impact of stormwater by requiring design measures to retain and pretreat stormwater on site prior to its impact to city and county lakes and streams.

a.

All builders will minimize the impact of their construction on and to the floodplains of the city. This section applies to all new construction and does not replace subsection (b)(3)d of this section and is intended to enhance subsection (b)(7) of this section.

b.

New construction will not intentionally divert untreated stormwater from parking areas into the creeks and streams.

c.

The stormwater makeup requirements will be doubled: That is, the builders will have to create twice the stormwater credits proposed in subsection (b)(7) of this section to make up for the amount of water displaced. Therefore, builders will calculate the stormwater impact of all proposed new construction as follows: Net stormwater plus a lots ability to absorb minus construction stormwater productions equals two. Therefore, the specific values outlined in subsection (b)(7) of this section that provide a credit in the lot-specific folding calculation, will only provide half the credit for those developments in the floodplain.

1.

Example inside the floodplain:

(i)

Single 6,000 square foot lot: -1,285.8 gallons.

(ii)

Six trees at four inches (×10) plus four trees at six inches (×-10): -240 gallons.

2.

Example outside the floodplain:

(i)

Single 6,000 square foot lot: -2,571 gallons.

(ii)

Six trees at four inches (×10) plus four inches at six inches (×10): -480 gallons.

(8)

Penalties.

a.

For the first infraction: stoppage of further work until the infraction is corrected.

b.

For any additional infractions: stoppage of further work until the infraction is corrected and a citation to the court is issued.

(Code 1986, § 6-2-6; Ord. No. O0002-00, § 6-2-6, 3-28-2000; Ord. No. 04-03, § 6-2-6, 5-21-2003; Ord. No. 05-03, § 6-2-6, —2003; Ord. No. 09-03, § 6-2-6, 8-11-2003; Ord. No. O-18-03, § 6-2-6(1), 10-10-2003; Ord. No. 01-04, § 6-2-6, 3-8-2004; Ord. No. O18-03-06, 9-26-2006)

Editor's note— These references were internal footnotes appearing in the text of the following subsections. For the purposes of clarity, the footnotes were relocated to this editorial note and may be referenced to their original location by the section number that appears following the relevant information. [FN1—18-5(b)e] The values listed in this ordinance reflect the ability of each feature to transmit or absorb water and further adjusted to reflect aesthetic characteristics of the feature (Code 1986, § 6-2-6(7)(e)). [FN2—18-5(b)f.1] A property is assumed to absorb the runoff of an 800 square foot house (800 square foot x 0.5 ft/hr= 400 cubic feet = 2571 gallons)(Code 1986, § 6-2-6(7)(f)1). [FN3—18-5(b)f.2] Trees are measured at breast height (Code 1986, § 6-2-6(7)(f)2). [FN4—18-5(b)f.3] Roofs have an impermeability factor of 1.0 and each 1 square feet of roof creates 0.5 cubic feet of water (1 square foot x 0.5/ feet per hour = 0.5 cubic foot (Code 1986, § 6-2-6(7)(f)3). [FN5—18-5(b)f.4] Consideration to reduce this factor will be given for innovative means to create means to allow for water to percolate into the soil (as with discontinuous paving) (Code 1986, § 6-2-6(7)(f)4). [FN6—18-5(b)f.4] Paved surfaces have an impermeability factor of 0.9 (or 90% of that of the roof) (Code 1986, § 6-2-6(7)(f)4). [FN7—18-5(b)f.5] Grave; surfaces have an impermeability factor of 0.2 (or 20% of that of the roof) (Code 1986, § 6-2-6(7)(f)5). [FN8—18-5(b)f.6] Other materials will be assigned a value by the city of agent thereof within a range of 0.8-0.4 (Code 1986, § 6-2-6(7)(f)6). [FN9—18-5(b)f.6] These materials are assigned an impermeability factor of 0.3 (30% of that of the roof) (Code 1986, § 6-2-6(7)(f)6). [FN10—18-5(b)f.8] Theses features are assigned an impermeability factor of -2.5 (a credit) (Code 1986, § 6-2-6(7)(f)8). [FN11—18-5(b)f.9] These features are assigned an impermeability factor of -0.7 (a credit) (Code 1986, § 6-2-6(7)(f)9). [FN12—18-5(b)f.10] These features are assigned an impermeability factor of -1.0 ( a credit of volume equal to its holding capacity). The property does not have the capacity to absorb as much water as those properties well above the floodplain (Code 1986, § 6-2-6(7)(f)10).

(a)

The development director or his or her duly authorized representative, or the city administrator or his or her duly authorized representative, is hereby authorized to make all inspections as required under the provisions of the codes as adopted in this chapter, and in accordance with any minimum ordinances as may be adopted by the city. Upon presentation of proper credentials, he or she may enter at 8:00 a.m. to 8:00 p.m. any building, structure or premises in the city to perform any duties imposed upon him or her by the codes so adopted by the city. The development director or his or her authorized representatives are hereby authorized and directed to enforce all the provisions of the codes so adopted and are hereby invested with all police powers as authorized by the city charter, as necessary for this purpose of issuing copies of charges and prosecution or any person as may be charged with any violation of the codes so adopted.

(b)

The development director, or his or her duly authorized representative, shall issue a summons to any person he or she deems to be in violation of the technical codes adopted in this chapter. The summons shall require the person to appear before the judge of the recorder's court on a day and time specified in the summons to stand trial for the violation of the code.

(Code 1986, § 6-2-7)

(a)

Posting.

(1)

Each one- and two-family dwelling unit shall have posted and maintained in a conspicuous place on the property, visible from the street providing general public access, the address of such dwelling unit in figures (numbers) measuring at least three inches high on a contrasting background.

(2)

Each building containing three or more dwelling units shall have posted and maintained in a conspicuous place on the building, visible from the parking lot or street providing general public access, the address or numbers of the building in figures (numbers) measuring at least six inches high on a contrasting background, and each individual apartment unit within the building shall be marked on or about its main entrance with the individual apartment unit number and address in figures measuring at least three inches high on a contracting background. In addition to the above, where such building has more than one exterior entrance, each such entrance shall be marked, in figures (numbers) measuring at least three inches high on contrasting background with the number and/or address of each individual apartment/unit to which access is provided through that common entrance.

(3)

Each place of business shall have posted and maintained in a conspicuous place on the property, visible from the street providing general public access, the address of the place of business in figures (numbers) measuring at least three inches high on a contrasting background.

(4)

Buildings under construction. Numbers must be in a place at the beginning of the job before the footing inspection is made and be continuously displayed thereafter until the job is completed and all final inspections have been made. No inspections will be made where street numbers are not in place as required above. Contractors and others shall always refer to the street numbers when contacting the city and/or county for an inspection request of information.

(b)

Designation of street numbers. Street numbers for dwelling units and places of business on all public streets and street numbers or building numbers for dwelling units and places of business within apartment projects and nonresidential developments located on private streets shall be assigned by the city in accordance with their administrative procedures.

(Code 1986, § 6-2-9; Ord. of 5-14-1990, § 6-2-9)

(a)

The City of Pine Lake hereby declares its intention to enforce the latest edition of the following Georgia State Minimum Standard Codes, as adopted and amended by the Georgia Department of Community Affairs:

International Building Code;

International Residential Code for One- and Two-Family Dwellings;

International Mechanical Code;

International Fuel Gas Code;

International Plumbing Code;

National Electrical Code;

International Fire Code;

International Energy Conservation Code;

International Swimming Pool and Spa Code.

(b)

All appendices of the codes identified in subsection (a), are adopted by the city.

(c)

The following Codes, the latest editions as adopted and amended by the Georgia Department of Community Affairs, including all appendices, are hereby adopted by reference as fully as though they were copied herein fully.

International Property Maintenance Code.

(Ord. No. 2018-03, §§ 1—3,11-13-2018)

The codes and appendices adopted by section 18-21 shall be administered and enforced by the building official as appointed by or contracted by the city. Administrative provisions found in the various construction codes shall provide guidance for the building official in carrying out his administrative and enforcement responsibilities but are not required except where this article specifically provides a directive to do so. The building official may make official interpretations of the construction codes, shall be responsible for acceptance of permit applications, issuance of permits, making inspections mandated by said construction codes, and may make additional inspections for the purpose of ensuring compliance with such codes. Permit fees shall be established from time to time by the city's fee ordinance. The building official shall have a right of entry onto any site covered by an active permit issued under a construction code during normal business hours and may further enter onto such property after normal business hours where an emergency situation exists; provided that if a site covered by a construction codes permit is occupied as a residence, the building official shall first made an effort to contact the permit holder and occupant and seek permission to enter. If permission is denied, the building official may petition a court for a warrant to enter the property. The building official may provide notice of violations identified during the course of his duties and may issue citations when such notice does not result in timely corrective action being taken. Notices of violations shall identify the nature of the violation, the corrective action needed and a reasonable time period for correction of the violation. The building official may issue stop work orders for a site in violation of construction codes.

(Ord. No. 2018-03, § 4,11-13-2018)

(a)

Appeals of any notice of violation, citation or other written determination issued by the building official under any of the construction codes adopted and/or enforced by the city may be taken to the mayor and council by filing a written notice of appeal. Such notice shall be filed with the city clerk within ten calendar days of the decision from which appeal is taken.

(b)

The mayor and council shall serve as the board of appeals for hearing appeals taken from written decisions of the building official. No appeal hearing shall be scheduled on less than five days' notice to the appellant; provided that all appeals shall be heard within 30 days of appeal unless such deadline is waived by the appellant. At the hearing, the appellant may be represented by counsel, may introduce evidence and witnesses and may cross examine any witnesses presented on behalf of the building official. Proceedings shall be tape recorded by the city. Should the appellant wish to use a court reporter, he may arrange for one at his own expense. The city attorney may present the case on behalf of the building official. The mayor and council may rule at the close of hearing or may take the matter under advisement, provided a decision shall be reached in no more than 15 days from date of hearing. Should an appellant be dissatisfied with any decision of the mayor and council while serving in its appellant capacity, the appellant may petition for certiorari in accordance with the procedures of state law.

(Ord. No. 2018-03, §§ 5, 6,11-13-2018)

In the event of any conflict between the various construction codes adopted and/or enforced by the city, or any conflict between any such codes and provisions of other city ordinances, the most stringent regulation shall prevail and be controlling.

(Ord. No. 2018-03, § 7,11-13-2018)