Frequently Asked Questions – Page 3

Building Specifics (continued)

Q: Will this ordinance be superseded by Historic District Ordinances?

A: No

Q: If there is a height restriction, can there be a time after which a change can be made?

A: Commissioners can vote to change the Code of Ordinance at any time. We would expect that in the face of an unintended consequence, the BoC would make any indicated change.

Q: Will staff actually observe property to verify data?

A: Data will be certified by a licensed engineer or landscape architect. Staff should not be required to visit the site unless there are requested variances, unusual circumstances (such as a grandfathered condition) or a neighborhood complaint.

Q: Does bulk/scale of house and amount of lot used get taken into account? Please move quickly!

A: The committee is seeking to control bulk and scale through its height, elevation and retaining wall limits. Lot coverage is limited based on the zoning category (typically 35% lot coverage is allowed).

Q: Does the style and quality of building material also need to be “in context”?

A: While this may be desirable, the view of the Committee is that the diversity of styles of building in the County precludes a general quantifiable statement as to “context.” By quantifiable we mean that a determination as to a building being in context would be more subjective than objective, making it difficult to have uniform regulation.

Q: Concerned that 32' height limit will be misinterpreted. Won’t more regulation cost more money? As a builder, I feel that regulations are inappropriate and neighborhoods need to regulate themselves.

A: More regulation frequently does cost money; however, it can assist in preserving the character and flavor of a community. Communities have repeatedly requested this preservation.

Q: Height mandate, should it be 28' or 32'? Is this a 2 story house –vs- 3-story house issue?

A: The 32' height was chosen to allow for a 2 to 2 _ story house, but not a 3-story house. The Committee voted to propose a 32' height. The BoC could adopt this limit, or another limit, during the public hearing or adoption actions.

Q: Should there be a design review board to encourage compatibility?

A: That level of detail could be left up to individual neighborhoods, but was not part of the scope considered by the Committee based on its core issues and values statements.

Q: Is music integral to construction noise?

A: We agree that loud music attendant to construction is as much a disruption as other more random noise. As a first step, we recommend requesting the builder or crew to cut back on the volume.

Enforcement

Q: Will there be an interim control measure?

A: Interim controls have been discussed but the decision among the Committee was to push for adoption of the recommendations as quickly as possible. It would take about the same amount of time to enact interim controls as it will to enact the ordinance changes.

Q: Are there enough employees for monitoring and enforcement?

A: There are never going to be enough people to cover all of the construction sites. Enforcement is going to a combination of random inspections by county staff and complaints by the community. One goal of the committee is to have the Development Department dedicate employees to infill and to having a hot line telephone number posted at job sites that can be called to start enforcement actions. We are also recommending that a contact for the developer be posted so the developer can be contacted if appropriate. Finally, additional resources may be have to be authorized by the BoC to improve enforcement of Code violations throughout the County.

Q: The current County Ordinances are not enforced. What about those who don’t follow protocol? Is there punishment? What about a stop work order until approved plans?

A: The County does depend on residents to help be their eyes and ears. When you see what you believe is a problem, contact the County Development Department at 404-371-2167. Let them know the specific problem you see: erosion control, tree destruction, work hours, etc. The Infill Committee is recommending that violations result in immediate action that includes both work suspension and fines. The current County Code already allows the Director of Development or his representative to stop work and pursue any action necessary when a violation occurs. However, DeKalb County is large and the inspectors cannot be everywhere. The department depends on residents to alert them to problems.

Q: Who follows up on tree replacement? Who checks on trucks and effects to streets and neighborhoods?

A: The Environmental Department at 404-371-4913 is responsible for enforcing the tree ordinance, which includes any required tree replacement. Inspectors also check to see that builders properly install and maintain tree save fences as well as sediment fencing to keep dirt and silt out of the streets. The same department is responsible for ensuring that some measures are taken to prevent silt from runoff and truck traffic on and off the construction is controlled.

If you see problems with these concerns, contact the Environmental Department. Heavy truck traffic can also damage roadbeds and right of way. The Roads and Drainage Department has the responsibility for these repairs.

Q: Homeowners don’t know who to call and how to report events when they see blatant disregard of protocol and ordinances – how do we find out?

A: There are always at least two options. The first is to call the office of the CEO at 404-371-2115. The second is to call the office of your Commissioners at 404-371-2886. By calling these numbers you are letting management know that there is a problem and you can get some assistance in finding the right department.

Q: What is the appeals process for developers?

A: At the present time, the recommendations do not include a formal appeals process. The principal reason for this is that requirements are not yet codified. The committee does not anticipate that a variance from the recommendations would be granted.

Q: Will enforcement include variances?

A: The Infill Committee is recommending that Administrative Variances in infill situations not be allowed. This is to eliminate granting variances without a public hearing.