On the agenda: Hapeville meeting — Flock Camera (Oct 1)
Past ⚠ Agenda Watch Hapeville, Georgia · Tuesday, October 1, 2019 — 7 years ago
About this record
The published agenda for the October 1, 2019 meeting contains: "Flock Camera", "Flock Safety", "FLOCK SAFETY". The meeting has passed. The agenda stays here as a permanent public record.
Check the agenda document for the meeting time.
The agenda, word for word
Government public record — the full text of the published document, archived October 7, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗
Mayor and Council Session
700 Doug Davis Drive
Hapeville, GA 30354
October 1, 2019 6:00PM
Agenda
1. Call To Order
2. Roll Call
Mayor Alan Hallman
Alderman Mike Rast
Councilman at Large Travis Horsley
Councilman Ward I Mark Adams
Councilman Ward II Chloe Alexander
3. Welcome
4. Pledge Of Allegiance
5. Invocation
6. Public Hearing
6.I. Consideration On Section 93-22.1-1 - To Amend And Update The Dimensional
Requirements Within The Zoning Code - 1st Reading
Background:
Consideration of a text amendment to amend Chapter 93 (Zoning), Article 22.1
(Dimensional Requirements), Section 93-22.1-1 (Chart of Dimensional Requirements)
to update the dimensional requirements to remove the minimum bed/bath
requirement, reduce the minimum dwelling size for most residential units to 1,000-sf
and correct missing information related to parking and loading requirements.
Staff Comment:
Applicant Comment:
Public Comment:
Documents:
ORDINANCE - TEXT AMENDMENT DIMENSIONAL REQUIREMENTS.PDF
PLANNERS REPORT TEXT AMENDMENT DIMENSIONAL
REQUIREMENTS.PDF
LEGAL ADV - DIMENSIONAL REQUIREMENTS, AD42835.PDF
MINUTES - 01-15-2019.PDF
6.II. Consideration On Section 93-5-5 (Unit Size) To Amend And Update The Unit Size
Requirements In The R-AD Zone - 1st Reading
Background:
Consideration of a text amendment to amend Chapter 93 (Zoning), Article 5 (R-AD
Zone), Section 93-5-5 (Unit Size) for the purpose of updating the unit size
requirements in the R-AD, Residential-Architectural Design Zone.
Staff Comment:
Applicant Comment:
Public Comment:
Zone), Section 93-5-5 (Unit Size) for the purpose of updating the unit size
requirements in the R-AD, Residential-Architectural Design Zone.
Staff Comment:
Applicant Comment:
Public Comment:
Documents:
ORDINANCE - TEXT AMENDMENT UNIT SIZE.PDF
PLANNERS REPORT TEXT AMENDMENT DIMENSIONAL
REQUIREMENTS.PDF
LEGAL ADV. - UNIT SIZE AD 423834.PDF
MINUTES - 01-15-2019.PDF
6.III. Consideration On Section 93-1-2 To Amend And Update Veterinarians, Animal Hospitals
And Kennels - 1st Reading
Background:
Consideration to amend Chapter 93 (Zoning) for the purpose of updating the definitions
for veterinarian, animal hospital and kennel in Section 93-1-2 of the Zoning Code.
Staff Comments:
Applicant Comments:
Public Comments:
Documents:
ORDINANCE - TEXT AMENDMENT (VETS 2.0).PDF
PLANNERS REPORT TEXT AMENDMENT VETERINARIAN
DEFINITIONS.PDF
LEGAL ADV. - VETERNARIAN, ANIMAL HOSPITAL, KENNEL AD
423836.PDF
MINUTES - 4-9-2019.PDF
6.IV. FY2020 Tax Millage Hearing And Consideration And Action To Set The Millage Rate At
16.11
Background:
Mayor and Council adopted the City Budget on final reading, June 18, 2019. The
adopted Budget for FY 2019-20 is based on a recommended rate of 16.11 mills,
unchanged from 2018. This rate has been advertised as required and is ready for
adoption by Council. This is the third of three (3) hearings for that purpose. Three
hearings are required by the state, due to the increase in Hapeville property tax
assessments. As has been well documented, the Fulton County Tax Commissioner
has gained approvals for 2017 and 2018 property digests. At this point in time staff
projects that the General Fund millage of 16.11 Mills will generate approximately
$4.86M in billable Real Property Taxes. The City Budgeted $4.30M in Real
Staff Comment
Applicant Comment
Public Comment
Documents:
MILLAGE - 5 YEAR.PDF
MILLAGE - ASSESSMENTS - FULTON COUNTY CITIES.PDF
7. Questions On Agenda Items
The public is encouraged to communicate their questions, concerns, and suggestions
MILLAGE - 5 YEAR.PDF
MILLAGE - ASSESSMENTS - FULTON COUNTY CITIES.PDF
7. Questions On Agenda Items
The public is encouraged to communicate their questions, concerns, and suggestions
during Public Comments. The Council does listen to your concerns and will have Staff
follow-up on any questions you raise. Any and all comments should be addressed to the
Governing Body, not to the general public and delivered in a civil manner in keeping with
common courtesy and decorum.
8. Consent Agenda
8.I. Approval Of Minutes
l
l
l
l
August 6, 2019
August 20, 2019
September 12, 2019
September 17, 2019
8.II. Approval Of Executive Session Minutes
l
l
l
August 6, 2019
August 20, 2019
September 17, 2019
8.III. Consideration And Action To Approve Letter Of Support For MARTA To Purchase AT&T
Decks Near Doraville Station
Background:
MARTA would like to buy the AT&T decks on their property near the Doraville station.
The North Fulton Mayors volunteered to write letters of support, and MARTA would
like to capture support from other areas affected as well. They understand that many
of the riders start at one station to work and play in various parts of the Metro area.
Attached is the letter of support provided for Mayor Hallman to sign, if approved.
Documents:
LETTER OF SUPPORT FOR MARTA.PDF
9. Old Business
10. New Business
10.I. Consideration And Action To Amend And Update Transient Merchant Ordinance To
Include Language To Waive Fee For 501(C) Non-Profit And City-Sponsored Events - 1st
Reading
Background:
On July 16, Mayor and Council approved a revised Transient Merchant ordinance.
However, the approved ordinance did not include the option to waive the application
fee for 501(c) non-profit events or city-sponsored events. Attached is an updated
ordinance including this language.
Staff respectfully requests Mayor and Council to waive first reading due to the
upcoming events in October.
Documents:
ORDINANCE - TRANSIENT MERCHANT.PDF
10.II. Consideration And Action On Flock Camera Agreement, 24 Cameras, $48,000 Per Year
Background:
ORDINANCE - TRANSIENT MERCHANT.PDF
10.II. Consideration And Action On Flock Camera Agreement, 24 Cameras, $48,000 Per Year
Background:
The City is taking steps to add more vigilance at key intersections and entry points.
Hapeville has been testing three cameras since July 2018. We have seen positive
information and are ready to implement more into the City plan for monitoring. With
the City neighboring Hartsfield Jackson and the high incidence of auto break ins,
thefts and human trafficking, the cameras will increase our ability to give the Police
Department real-time data on vehicles coming through key areas.
Staff requests council approval to contract with Flock Safety for cameras at 12
intersections, 24 cameras in total, $2000 per unit per year, for 2 years.
Documents:
FLOCK SAFETY PURCHASE ORDER - CITY OF HAPEVILLE, GA (1).PDF
FLOCK TERMS AND CONDITIONS.PDF
FLOCK PROPOSED INTERSECTIONS.PDF
10.III. Consideration And Action On Marketing Logo For City
Background:
On September 12, a Community Design Charrette was held to gauge public input on a
marketing logo for the City. After taking public input into consideration, the logo
options were narrowed down to the two attached images which garnered the most
interest.
Staff respectfully requests that Mayor and Council select one marketing logo out of
the two provided or provide suggestions for next steps.
Documents:
HAPEVILLELOGO_CONCEPT 3.PDF
HAPEVILLELOGO_MODERNH_CONCEPT.PDF
10.IV. Discussion And Action Initiated By Councilman Adams Regarding Needed Speed
Tables On Sims Street And Oakdale Road
Background:
Councilman Adams will initiate a discussion on the needed speed tables as a
response to complaints and concerns for residents as it relates to speeders, and
requests for calming measures. Refer to the attached document for signage request.
Documents:
SPEED TABLE RESOLUTION.PDF
11. City Manager Report
12. Public Comments
Members of the public wishing to speak shall sign in with the City Clerk prior to the start
of the meeting. Time limitations for Registered Comments are three (3) minutes per
person. The total Registered Comment session shall not last more than fifteen (15)
minutes unless extended by Council. Each member of the public, who fails to sign up
with the City Clerk prior to the start of the meeting, wishing to address Mayor and
Council shall have a total of two (2) minutes. The entire general comment session for
12. Public Comments
Members of the public wishing to speak shall sign in with the City Clerk prior to the start
of the meeting. Time limitations for Registered Comments are three (3) minutes per
person. The total Registered Comment session shall not last more than fifteen (15)
minutes unless extended by Council. Each member of the public, who fails to sign up
with the City Clerk prior to the start of the meeting, wishing to address Mayor and
Council shall have a total of two (2) minutes. The entire general comment session for
Unregistered Comments shall not last more than ten (10) minutes unless extended by
Council.
13. Mayor And Council Comments
14. Executive Session
When Executive Session is Required one will be called for the following issues: 1)
Litigation O.C.G.A. §50-14-2; 2) Real Estate O.C.G.A. §50-14-3(b)(1); or 3) Personnel
O.C.G.A. §50-14-3(b)(2).
15. Adjourn
Public involvement and citizen engagement is welcome as Hapeville operates a very open,
accessible and transparent government. We do however remind our attendees/residents that there
are times allocated for public comments on the agenda. In order for council to conduct their
necessary business at each meeting, we respectfully ask that side-bar conversations and
comments be reserved for the appropriate time during the meeting. This will allow the City Council
to conduct the business at hand and afford our meeting attendees ample time for comments at the
appropriate time during the meeting.
DRAFT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
STATE OF GEORGIA
CITY OF HAPEVILLE
ORDINANCE NO. _________________
AN ORDINANCE TO AMEND CHAPTER 93 (“ZONING”), ARTICLE 22.1
(“DIMENSIONAL REQUIREMENTS”), SECTION 93-22.1-1 (“CHART OF
DIMENSIONAL REQUIREMENTS”) OF THE CODE OF ORDINANCES, CITY OF
HAPEVILLE, GEORGIA; TO PROVIDE FOR SEVERABILITY; TO REPEAL
CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND TO
PROVIDE FOR OTHER LAWFUL PURPOSES.
WHEREAS, the Mayor and Council shall have full power and authority to provide for the
execution of all powers, functions, rights, privileges, duties and immunities of the city, its officers,
agencies, or employees granted by the City of Hapeville’s Charter or by state law; and,
WHEREAS, the municipal government of the City of Hapeville (hereinafter “City”) and
all powers of the City shall be vested in the Mayor and Council. The Mayor and Council shall be
the legislative body of the City; and,
WHEREAS, amendments to any of the provisions of the City’s Code may be made by
amending such provisions by specific reference to the section number of the City’s Code; and,
WHEREAS, existing ordinances, resolutions, rules and regulations of the City and its
agencies now lawfully in effect not inconsistent with the provisions of the City’s charter shall
remain effective until they have been repealed, modified or amended; and,
WHEREAS, every official act of the Mayor and Council which is to become law shall be
by ordinance; and,
WHEREAS, the procedures required for amending the City’s zoning ordinance have been
satisfied, including, but not limited to, notice and public hearings; and,
WHEREAS, the governing authority of the City finds it desirable to amend and update the
dimensional requirements within the zoning code.
BE IT, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF HAPEVILLE, GEORGIA THAT:
Section One. Chapter 93 (Zoning), Article 22.1 (Dimensional Requirements), Section 9322.1-1 (Chart of Dimensional Requirements) of the City Code of Ordinances is hereby amended
by striking the section in its entirety and inserting in lieu thereof the following language:
{Doc: 02288524.DOCX}
DRAFT
46
47
City of Hapeville
Article 22.1 Dimensional Requirements
Minimum
Front Yard
Minimum
Maximum
Min.
Lot
Lot
Floor
Min. Max. Unit
Zoning
Lot Area/DU
Max Lot Minor Maj.
Development Type Frontage
Area/DU
Side Rear Stories Feet Parking Per Bldg.
District
Area Square
Coverage Col. Arterial
(Feet)
Sq. Ft.
Spaces
Lot
Sq. Ft.
Feet
R‐O
Single‐family
Detached
60
10,000 10,000
1,600
40
30
30
Accessory
Structure(s)
R‐1
Single‐family
Detached
50
6,750
6,750
1,000
40
15
15
Accessory
Structure(s)
R‐2
Single‐family
Detached
Accessory
Structure(s)
{Doc: 02288524.DOCX}
60
8,500
8,500
1,000
40
15
15
6
25
2½
35
2 DU
1
5
5
2
25
5
25
2½
35
2 DU
1
5
5
2
25
2 DU
6
25
2½
35
2 DU
5
5
5
25
2 DU
1
DRAFT
Two‐Family
Attached—Duplex
8,500
4,250
1,000
60
15
15
Accessory
Structure(s)
R‐3
Single‐family
Detached
60
8,500
8,500
1,000
40
15
15
Accessory
Structure(s)
Single‐family
Attached—Duplex
60
8,500
4,250
1,000
60
15
15
Accessory
Structure(s)
Single‐family
Attached
Patio/Townhomes
60
10,000
2,500
1,000
60
15
15
Accessory
Structure(s)
R‐4
Single‐family
Detached
{Doc: 02288524.DOCX}
60
8,500
8,500
1,000
60
15
15
10
20
2½
35
5
5
2
25
5
25
2½
35
5
5
2
25
10
20
2½
35
5
5
2
25
5
0
2½
35
5
5
2
25
8
25
2½
35
2 DU
1
2 DU
1
2 DU
1
2 DU
a.
2 DU
1
DRAFT
Accessory
Structure(s)
Two‐Family
Attached Duplex
60
8,500
4,250
1,000
60
15
15
Accessory
Structure(s)
Single‐family
Attached
Public/Townhomes
60
10,000
2,500
1,000
50
15
15
Accessory
Structure(s)
Multifamily—2
Stories or Less
100
10,000
3,000
730
50
20
20
Accessory
Structure(s)
Multifamily—2
Stories or More
Accessory
Structure(s)
{Doc: 02288524.DOCX}
200
5
acres
2,000
730
50
20
20
5
6
2
25
5
25
2½
35
5
5
2
25
5
20
2½
35
5
5
2
25
10
25
2
30
5
5
2
25
10
25
4
40
b.
5
5
2
25
2 DU
1
2 DU
a.
2 DU
20
2 DU
20
DRAFT
R‐5
Single‐family
Detached
40
4,000
4,000
1,000
70
15
15
5
20
2½
35
5
5
2
25
15
5
10
2½
15
5
5
25
15
5
20
5
Accessory
Structure(s)
Single‐family
Attached 4 to 8
Units
40
10,000
2,500
1,000
70
15
Accessory
Structure(s)
R‐SF
Single‐family
Detached
40
4,000
4,000
1,000
70
15
Accessory
Structure(s)
R‐I
Single‐family
Detached
40
4,000
4,000
1,000
40
15
15
Accessory
Structure(s)
Single‐family
Attached— Duplex
{Doc: 02288524.DOCX}
40
4,000
2,000
1,000
50
15
15
2 DU
1
35
2 DU
a.
2½
35
2 DU
1
5
2
25
5
25
2½
35
2 DU
1
5
5
2
25
5
20
2½
35
2 DU
1
DRAFT
Accessory
Structure(s)
Single‐family
Attached
Patio/Townhomes
40
10,000
2,500
1,000
60
15
15
Accessory
Structure(s)
V
Single‐family
Detached
50
4,000
4,000
1,000
70
15
15
Accessory
Structure(s)
Single‐family
Attached—4 to 8
Units
50
10,000
2,500
1,000
70
15
15
Accessory
Structure(s)
Condominiums
{Doc: 02288524.DOCX}
200
43,500
2,500
1,400
70
15
15
5
5
2
25
5
10
2½
35
5
5
2
25
5
20
2½
35
5
5
2
26
5
20
2½
35
5
5
2
25
10
25
40
b..
2 DU
a.
2 DU
1
2 DU
a.
2 DU
12
DRAFT
Accessory
Structure(s)
Conditional
C‐R
5
5
Conditional
c., d.,
e.
N/A
2½
35
2 DU
1
5
2½
25
50
10,000 10,000
1,000
70
15
15
15
25
Single‐family
Detached
60
8,500
1,000
40
15
15
8
25
5
Accessory
Structure(s)
25
40
b..
Nonresidential
8,500
2
Two‐Family
Attached— Duplex
60
8,500
4,250
1,000
40
15
15
6
20
2½
35
2 DU
1
Single‐family
Attached
Patio/Townhomes
50
10,000
2,500
1,000
60
15
15
5
0
2½
35
2 DU
a.
Multifamily—2
Stories or Less
100
30,000
3,000
480
50
15
15
10
25
2
35
2 DU
1
Nonresidential
with floor areas
not exceeding
6,000 sf
100
8,500
1,000
60
15
15
15
25
2½
40
b.
c., d.,
e.
{Doc: 02288524.DOCX}
DRAFT
Nonresidential
with floor areas in
exceeding 6,000 sf
200
5
acres
1,000
500
50
15
15
15
25
40
b.
c., d.,
e.
C‐1
Nonresidential
80
15
15
0
0
40
b.
c., e.
C‐2
Nonresidential
80
15
15
0
0
40
b.
c., d.,
e.
D‐D
Nonresidential
80
15
15
0
0
40
b.
c., e.
I‐1
Light Industrial
80
20
20
10
20
40
b.
c., d.,
e., f.
I‐2
Heavy Industrial
80
20
20
10
20
40
b.
c., d.,
e., f.
N‐C
Single‐family
Detached
40
15
15
8
25
2½
35
2 DU
1
5
5
2
25
5
20
2½
35
2 DU
2
60
8,500
8,500
1,000
Accessory
Structure(s)
Single‐family
Attached Duplex
{Doc: 02288524.DOCX}
80
8,500
4,250
1,000
60
15
15
DRAFT
Single‐family
Attached
Patio/Townhomes
60
10,000
2,500
1,000
60
15
15
Accessory
Structure(s)
UV
5
20
2½
35
5
5
2
25
2 DU
a.
Multifamily—2
Stories or Less
100
10,000
3,000
480
50
20
20
10
26
2
35
2 DU
20
Multifamily ‐ 3
Stories or Greater
125
10,000
3,000
730
50
20
20
10
25
4
40
b.
2 DU
30
Nonresidential
100
8,500
1,000
60
15
15
15
25
4
40
b.
c., d.,
e., f.
Single‐family
Detached
30
2,400
1,000
90
0/15
0/15
0
0
2½
35
15 DU
1
0
0
2
25
Accessory
Structure(s)
Single‐family
Attached ‐ Duplex
30
2,400
1,000
90
0/15
0/15
0
0
2½
35
1 DU
2
Single‐family
Attached
Patio/Townhomes
20
1,200
1,000
90
0/15
0/15
0
0
3
45
1 DU
a.
{Doc: 02288524.DOCX}
DRAFT
and Live‐Work
Unit
Accessory
Structure(s)
RMU
Multifamily
20
2,000
Nonresidential
20
2,000
Single‐family
Detached
30
2,400
600
m
1,000
0
0
2
25
90
0/15
0/15
0
0
4 g.
64
g.
1 DU
90
0/15
0/15
0
0
4 g.
64
g.
d, e, i.
j. k.
100
0/16
0/15
0
0
2½
35
1.5 DU
1
0
0
2
25
Accessory
Structure(s)
Single‐family
Attached ‐ Duplex
30
2,400
m
1,000
100
0/15
0/15
0
0
2½
35
1 DU
2
Single‐family
Attached
Patio/Townhomes
and Live‐Work
Unit
20
1,200
m
1,000
100
0/15
0/15
0
0
3
45 1 DU, h
a.
{Doc: 02288524.DOCX}
DRAFT
Accessory
Structure(s)
Multifamily—
Condominium
20
2,000
Non‐Residential
20
2,000
m
600
0
0
2
25
100
0/15
0/15
0
0
6 b.
m
1 DU
100
0/15
0/15
0
0
6 b.
m
d., e.,
i., j., k.
48
a.
Single-family attached patio/townhomes cannot have more than eight units per building and no less than four units attached.
49
50
b.
Buildings over 40 feet in height must be approved by the building official and fire chief to ensure that fire safety design
standards are met.
51
c.
One parking space for every 200 square feet of enclosed commercial floor area.
52
53
d.
One parking space for every unit in a hospital, hotel, motel, boardinghouse, or similar establishment. One off-street loading
space for every 10,000 square feet of building.
54
e.
One parking space for every three seats in an auditorium, church, theater, or similar establishment.
55
f.
One parking space for every two employees on the largest shift of any industrial uses or similar establishment.
56
57
g.
Buildings over four stories or 64 feet in height must be approved by the planning commission and the fire chief to insurance
that fire safety standards are met. One off-street loading space for every 10,000 square feet of building.
58
59
h.
All live-work units shall provide a total of three parking spaces per dwelling unit, one of which may be provided in adjacent
on-street parking.
60
i.
Three parking spaces for every 1,000 square feet of enclosed commercial/office floor area.
61
j.
One parking space for every three seats in an auditorium, church, theater, or similar establishment.
62
63
k.
Three parking spaces for every 1,000 square feet of enclosed restaurant floor area; and three parking spaces for every 1,000
square feet of unenclosed restaurant floor area when such floor area exceeds 300 square feet.
64
l.
Reserved.
65
m.
Reference subsection 93-11.5-3(18) Residential density limitations.
{Doc: 02288524.DOCX}
DRAFT
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
Section Two. Codification and Certify. This Ordinance adopted hereby shall be codified
and certified in a manner consistent with the laws of the State of Georgia and the City.
Section Three. Severability.
(a) It is hereby declared to be the intention of the Mayor and Council that all sections,
paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment,
believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest
extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this
Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this
Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the
greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance
is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this
Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance
shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable
by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of
the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the
greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any
of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to
the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and
sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and
effect.
Section Four. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances
in conflict herewith are hereby expressly repealed.
Section Five. Effective Date. The effective date of this Ordinance shall be the date of
adoption unless otherwise stated herein.
ORDAINED this
day of
, 2019.
CITY OF HAPEVILLE, GEORGIA
____________________________________
Alan Hallman, Mayor
ATTEST:
{Doc: 02288524.DOCX}
DRAFT
112
113
114
115
116
117
118
119
120
121
122
Crystal Griggs-Epps, City Clerk
APPROVED BY:
City Attorney
{Doc: 02288524.DOCX}
Department of Planning and Zoning
Planner’s Report
DATE:
TO:
FROM:
RE:
August 16, 2019
Adrienne Senter
Lynn Patterson, Consulting Planner for City of Hapeville
Dimensional Requirements
BACKGROUND
The Planning Commission has requested changes to the Dimensional Requirements to facilitate
renovations and new development in the City of Hapeville. In the process of reviewing the Dimensional
Requirements, staff has also identified errors in the existing text. The following text amendment adopts
the changes recommended by the Commission and includes corrections to existing errors and is
presented for recommendation to Mayor & City Council.
CODE
ARTICLE 5. - R-AD ZONE (RESIDENTIAL-ARCHITECTURAL DESIGN)
Change:
Sec. 93-5-5. - Unit size.
The minimum floor area of the principal dwelling shall not be less than 1,400 square feet. The
combined floor area of all accessory buildings on the lot shall not exceed 25 percent of the floor area of
the principal dwelling, and in no case shall it exceed 600 square feet.
To:
Sec. 93-5-5. - Unit size.
The minimum floor area of the principal dwelling shall not be less than 1,000 square feet. The
combined floor area of all accessory buildings on the lot shall not exceed 25 percent of the floor area of
the principal dwelling, and in no case shall it exceed 600 square feet.
ARTICLE 22.1 DIMENSIONAL REQUIREMENTS
Sec. 93-22.1-1. - Chart of dimensional requirements.
Remove column “Bed & Bath Req.”
Other changes are highlighted in table below:
Minimum
Front Yard
Zoning
District
R-O
Lot
Development Type Frontage
(Feet)
Single-family
Detached
60
Single-family
Detached
50
10,000
10,000
1,600
40
30
30
6,750
6,750
1,000
40
15
15
Accessory
Structure(s)
R-2
Single-family
Detached
60
8,500
8,500
1,000
40
15
15
Accessory
Structure(s)
Two-Family
Attached—Duplex
Accessory
Structure(s)
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Accessory
Structure(s)
R-1
Minimum
8,500
4,250
1,000
60
15
15
6
25
2½
35
5
5
2
25
5
25
2½
5
5
6
Max. Unit
Per Bldg.
Lot
2 DU
1
35
2 DU
1
2
25
2 DU
25
2½
35
2 DU
5
5
5
25
2 DU
10
20
2½
35
2 DU
5
5
2
25
1
1
Minimum
Front Yard
Zoning
District
R-3
Lot
Development Type Frontage
(Feet)
Single-family
Detached
60
60
8,500
8,500
1,000
40
15
15
8,500
4,250
1,000
60
15
15
Accessory
Structure(s)
Single-family
Attached
Patio/Townhomes
60
10,000
2,500
1,000
60
15
15
Accessory
Structure(s)
R-4
Single-family
Detached
60
8,500
8,500
1,000
60
15
15
Accessory
Structure(s)
Two-Family
Attached Duplex
60
8,500
4,250
1,000
60
15
15
Accessory
Structure(s)
Single-family
Attached
Public/Townhomes
60
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Accessory
Structure(s)
Single-family
Attached—Duplex
Minimum
10,000
2,500
1,000
50
15
15
5
25
2½
35
5
5
2
25
10
20
2½
35
5
5
2
25
5
0
2½
35
5
5
2
25
8
25
2½
35
5
6
2
25
5
25
2½
35
5
5
2
25
5
20
2½
35
Max. Unit
Per Bldg.
Lot
2 DU
1
2 DU
1
2 DU
a.
2 DU
1
2 DU
1
2 DU
a.
Minimum
Front Yard
Zoning
District
Lot
Development Type Frontage
(Feet)
100
10,000
3,000
730
50
20
5
5
2
25
10
25
2
30
5
5
2
25
10
25
4
40
b.
5
5
2
25
5
20
2½
35
5
5
2
25
15
5
10
2½
15
5
5
25
15
5
20
5
5
20
Accessory
Structure(s)
Multifamily—2
Stories or More
200
5
acres
2,000
730
50
20
20
Accessory
Structure(s)
R-5
Single-family
Detached
40
4,000
4,000
1,000
70
15
15
Accessory
Structure(s)
Single-family
Attached 4 to 8
Units
40
10,000
2,500
1,000
70
15
Accessory
Structure(s)
R-SF
Single-family
Detached
40
4,000
4,000
1,000
70
15
Accessory
Structure(s)
R-I
Single-family
Detached
40
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Accessory
Structure(s)
Multifamily—2
Stories or Less
Minimum
4,000
4,000
1,000
40
15
15
Max. Unit
Per Bldg.
Lot
2 DU
20
2 DU
20
2 DU
1
35
2 DU
a.
2½
35
2 DU
1
5
2
25
25
2½
35
2 DU
1
Minimum
Front Yard
Zoning
District
Lot
Development Type Frontage
(Feet)
40
4,000
2,000
1,000
50
15
15
Accessory
Structure(s)
Single-family
Attached
Patio/Townhomes
40
10,000
2,500
1,000
60
15
15
Accessory
Structure(s)
V
Single-family
Detached
50
4,000
4,000
1,000
70
15
15
Accessory
Structure(s)
Single-family
Attached—4 to 8
Units
50
10,000
2,500
1,000
70
15
15
Accessory
Structure(s)
Condominiums
Accessory
Structure(s)
Conditional
200
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Accessory
Structure(s)
Single-family
Attached— Duplex
Minimum
43,500
2,500
1,400
70
15
15
5
5
2
25
5
20
2½
35
5
5
2
25
5
10
2½
35
5
5
2
25
5
20
2½
35
5
5
2
26
5
20
2½
35
5
5
2
25
10
25
5
5
40
b..
2
25
Max. Unit
Per Bldg.
Lot
2 DU
1
2 DU
a.
2 DU
1
2 DU
a.
2 DU
12
Conditional
Minimum
Front Yard
Zoning
District
C-R
Lot
Development Type Frontage
(Feet)
Minimum
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
40
b..
c., d., e.
N/A
2½
35
2 DU
1
5
2½
25
Nonresidential
50
10,000
10,000
1,000
70
15
15
15
25
Single-family
Detached
60
8,500
8,500
1,000
40
15
15
8
25
5
Accessory
Structure(s)
Max. Unit
Per Bldg.
Lot
Two-Family
Attached— Duplex
60
8,500
4,250
1,000
40
15
15
6
20
2½
35
2 DU
1
Single-family
Attached
Patio/Townhomes
50
10,000
2,500
1,000
60
15
15
5
0
2½
35
2 DU
a.
Multifamily—2
Stories or Less
100
30,000
3,000
480
50
15
15
10
25
2
35
2 DU
1
Nonresidential with
floor areas not
exceeding 6,000 sf
100
8,500
1,000
60
15
15
15
25
2½
40
b.
c., d., e.
Nonresidential with
floor areas in
exceeding 6,000 sf
200
5
acres
500
50
15
15
15
25
40
b.
c., d., e.
1,000
C-1
Nonresidential
80
15
15
0
0
40
b.
c., e.
C-2
Nonresidential
80
15
15
0
0
40
b.
c., d., e.
D-D
Nonresidential
80
15
15
0
0
40
b.
c., e.
Minimum
Front Yard
Zoning
District
Lot
Development Type Frontage
(Feet)
Minimum
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Max. Unit
Per Bldg.
Lot
I-1
Light Industrial
80
20
20
10
20
40
b.
c., d.,
e., f.
I-2
Heavy Industrial
80
20
20
10
20
40
b.
c., d.,
e., f.
N-C
Single-family
Detached
40
15
15
8
25
2½
35
2 DU
1
5
5
2
25
60
8,500
8,500
1,000
Accessory
Structure(s)
Single-family
Attached Duplex
80
8,500
4,250
1,000
60
15
15
5
20
2½
35
2 DU
2
Single-family
Attached
Patio/Townhomes
60
10,000
2,500
1,000
60
15
15
5
20
2½
35
2 DU
a.
5
5
2
25
Accessory
Structure(s)
UV
Multifamily—2
Stories or Less
100
10,000
3,000
480
50
20
20
10
26
2
35
2 DU
20
Multifamily - 3
Stories or Greater
125
10,000
3,000
730
50
20
20
10
25
4
40
b.
2 DU
30
Nonresidential
100
8,500
1,000
60
15
15
15
25
4
40
b.
c., d.,
e., f.
Single-family
Detached
30
2,400
1,000
90
0/15
0/15
0
0
2½
35
15 DU
0
0
2
25
Accessory
Structure(s)
1
Minimum
Front Yard
Zoning
District
Maximum
Lot
Development Type Frontage
(Feet)
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Single-family
Attached - Duplex
30
2,400
1,000
90
0/15
0/15
0
0
2½
35
1 DU
2
Single-family
Attached
Patio/Townhomes
and Live-Work Unit
20
1,200
1,000
90
0/15
0/15
0
0
3
45
1 DU
a.
0
0
2
25
Accessory
Structure(s)
RMU
Minimum
Multifamily
20
2,000
Nonresidential
20
2,000
Single-family
Detached
30
2,400
600
m
1,000
90
0/15
0/15
0
0
4 g.
64
g.
90
0/15
0/15
0
0
4 g.
64 d, e, i. j.
g.
k.
100
0/16
0/15
0
0
2½
35
0
0
2
25
Accessory
Structure(s)
Max. Unit
Per Bldg.
Lot
1 DU
1.5 DU
1
Single-family
Attached - Duplex
30
2,400
m
1,000
100
0/15
0/15
0
0
2½
35
1 DU
2
Single-family
Attached
Patio/Townhomes
and Live-Work Unit
20
1,200
m
1,000
100
0/15
0/15
0
0
3
45
1 DU, h
a.
0
0
2
25
Accessory
Structure(s)
Minimum
Front Yard
Zoning
District
Lot
Development Type Frontage
(Feet)
Minimum
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Multifamily—
Condominium
20
2,000
Non-Residential
20
2,000
m
600
100
0/15
0/15
0
0
6 b.
m
1 DU
100
0/15
0/15
0
0
6 b.
m
d., e.,
i., j., k.
Max. Unit
Per Bldg.
Lot
a.
Single-family attached patio/townhomes cannot have more than eight units per building and no less than four units attached.
b.
Buildings over 40 feet in height must be approved by the building official and fire chief to ensure that fire safety design standards are met.
c.
One parking space for every 200 square feet of enclosed commercial floor area.
d.
One parking space for every unit in a hospital, hotel, motel, boardinghouse, or similar establishment. One off-street loading space for every
10,000 square feet of building.
e.
One parking space for every three seats in an auditorium, church, theater, or similar establishment.
f.
One parking space for every two employees on the largest shift of any industrial uses or similar establishment.
g.
Buildings over four stories or 64 feet in height must be approved by the planning commission and the fire chief to insurance that fire safety
standards are met. One off-street loading space for every 10,000 square feet of building.
h.
All live-work units shall provide a total of three parking spaces per dwelling unit, one of which may be provided in adjacent on-street parking.
i.
Three parking spaces for every 1,000 square feet of enclosed commercial/office floor area.
j.
One parking space for every three seats in an auditorium, church, theater, or similar establishment.
k.
Three parking spaces for every 1,000 square feet of enclosed restaurant floor area; and three parking spaces for every 1,000 square feet of
unenclosed restaurant floor area when such floor area exceeds 300 square feet.
l.
Reserved.
m.
Reference subsection 93-11.5-3(18) Residential density limitations.
Public Notice Order Confirmation
0000423835
Ad Order #
PO #
Ordered By
Account #
Name
9005051
CITY OF HAPEVILLE
3468 NORTH FULTON AVENUE, ATLANTA, GA 30354
Phone
Fax
404-669-8269
404-669-3302
Adrienne Senter
Address
Daily Report
Placement: Government Notice
Position: Public Hearing
Run Dates: 10/01
Subject:
County:
# of Ins: 1
Ad Size:
62 Words
Chart of dimensional requirements
Ad Text
Gross Amount
Affidavit Fee
Amount Due
10.00
5.00
15.00
Corrections
Please review and provide corrections as needed.
Payment By Credit Card
Credit Card #:
Card Holder Name:
( ) Visa
Exp. Date:
Signature:
/
( ) MC
Security Code:
Pmt Amount:
( ) Amex
Planning Commission Meeting
700 Doug Davis Drive
Hapeville, Georgia 30354
January 15, 2019 6:00PM
MINUTES
1. Welcome and Introduction
Chairman Brian Wismer called the meeting to order at 6:00 p.m. in the City of Hapeville
Municipal Annex located at 700 Doug Davis Drive, Hapeville, Georgia 30354. Members in
attendance included Vice Chairman Jeanne Rast, Lucy Dolan, Larry Martin and Charlotte
Rentz. City Planner Lynn Patterson and Secretary Adrienne Senter were also present.
Commissioners Mark Farah and Kaity Ferrero were unable to attend the meeting.
MOTION ITEM: Larry Martin made a motion, Jeanne Rast seconded to move item 4(b)
Zoning Map Amendment to item 5, Old Business. Motion Carried: 4‐0.
2. Election of Officers
Chairman
MOTION ITEM: Lucy Dolan made a motion, Charlotte Rentz seconded to re‐elect
Brian Wismer as Chairman. Motion Carried: 4‐0.
Vice Chairman
MOTION ITEM: Lucy Dolan made a motion, Larry Martin seconded to re‐elect
Jeanne Rast as Vice Chairman. Motion Carried: 4‐0.
3. Minutes of December 11, 2018
MOTION ITEM: Lucy Dolan made a motion, Larry Martin seconded to approve the
minutes of December 11, 2018 as submitted. Motion Carried: 4‐0.
4. New Business
a. 3290 North Whitney Avenue
Site Plan Review
Samuel Kirkland, on behalf of owner Jann Levesque, requested site plan approval to
construct a 2,487‐sf, two‐story home with an attached garage at 3290 North Whitney
Avenue, Parcel Identification Number 14 009800160337. The property is zoned R‐1, One
Family Detached and is .311 acres.
The applicant will work with staff regarding the removal of trees and, where feasible,
preserve any landmark trees.
1|P a g e
Public Comment – None.
MOTION ITEM: Jeanne Rast made a motion, Larry Martin seconded to approve the site
plan request at 3290 North Whitney Avenue subject to the deficiencies outlined in the
staff report. Motion Carried: 4‐0.
5. Old Business
a. Official Zoning Map
Text Amendment
Consideration of an Ordinance to amend Chapter 93, Zoning, of the Code of
Ordinances for the City of Hapeville, Georgia regarding the Zoning Map.
Staff proposed zoning map amendments to rezone properties within the City limits
that are currently zoned C‐R, Commercial‐Residential to V, Village. The C‐R zoning is
quite complex and restrictive in terms of allowable uses and dimensional
requirements whereas the V, Village zoning offers compatibility in terms of intent to
C‐R with greater ease.
Commissioner Larry Martin discussed concern regarding the property located on the
northeast side of InCiti Suites as he expressed desire to rezone that property as
residential only.
Public Comment – None.
After further discussion, the following action was taken:
MOTION ITEM: Jeanne Rast made a motion, Charlotte Rentz seconded recommend
the Mayor and Council approve the Official Zoning Map amendment as submitted.
Motion Carried: 4‐0.
b. Chart of Dimensional Requirements
Text Amendment
Consideration of an amendment to Chapter 93, Zoning, Sec. 93‐22.1‐1, Chart of
Dimensional Requirements as it relates to minimum dwelling size.
Motion Item: Jeanne Rast made a motion, Lucy Dolan seconded to recommend the
Mayor and Council approve the proposed amendment to the Chart of Dimensional
Requirements, Section 93‐22.1‐1 subject to the following changes:
1. There is no minimum requirement for the number of bedrooms and bathrooms.
2. All single‐family dwelling units and all residential zoning have a minimum floor
area of 1,000‐sf with the exception the R‐O zoning and multi‐family dwellings
whose minimum square footage shall remain the same.
Motion Carried: 4‐0.
2|P a g e
c. Accessory Buildings Code Sections
Text Amendment
Consideration of an amendment to Chapter 93, Zoning, Sec. 93‐2‐5, Accessory uses,
accessory buildings, yard requirements of accessory buildings, outbuildings and
fences as it relates to running water to accessory structures.
There was discussion regarding allowing water service to accessory structures.
Currently, water supply or discharge is prohibited, and the intent is to discourage
residential occupancy of any kind within an accessory structure.
The Commission discuss several options that would allow residents to provide utilities
to accessory structures but give the city regulations to monitor the use.
Public Comment – None.
After further discussion, the following action was taken:
MOTION ITEM: Jeanne Rast made a motion, Larry Martin seconded to table the
accessory use text amendment until the March 12, 2019 to allow staff time adequate
time to complete further research based upon the Commission’s discussion. Motion
Carried: 4‐0.
d. Sign Ordinance
Text Amendment
Consideration of an Ordinance to amend Article 3.3, Signs and Murals, Sec. 93‐3.3‐1,
that the registration of non‐conforming signs be struck from the Code.
Public Comment – None.
MOTION ITEM: Jeanne Rast made a motion, Lucy Dolan seconded to recommend the
Mayor and Council approve the Sign Ordinance text amendment.
Motion Carried: 3‐0.
e. U‐V, Urban Village Zone
Text Amendment
Consideration of an Ordinance to amend Article 11.2 U‐V, Urban Village,
Sec. 93‐11.2‐1 for the purpose of adding language to clarify commercial versus single
family/residential uses within the U‐V Urban Village zoning district.
Public Comment – None.
MOTION ITEM: Larry Martin made a motion, Lucy Dolan seconded to recommend the
Mayor and Council approve the U‐V, Urban Village text amendment. Motion Carried:
4‐0.
3|P a g e
6. Next Meeting Date – February 12, 2019 at 6:00PM
7. Adjourn
MOTION ITEM: Larry Martin made a motion, Jeanne Rast seconded to adjourn the
meeting at 8:07 p.m. Motion Carried: 4‐0.
Respectfully submitted by,
___________________________
Chairman, Brian Wismer
___________________________
Secretary, Adrienne Senter
4|P a g e
DRAFT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
STATE OF GEORGIA
CITY OF HAPEVILLE
ORDINANCE NO. _________________
AN ORDINANCE TO AMEND CHAPTER 93 (“ZONING”), ARTICLE 5 (“R-AD ZONE
(RESIDENTIAL-ARCHITECTURAL DESIGN)”), SECTION 93-5-5 (“UNIT SIZE”) OF
THE CODE OF ORDINANCES, CITY OF HAPEVILLE, GEORGIA; TO PROVIDE FOR
SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN
EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.
WHEREAS, the Mayor and Council shall have full power and authority to provide for the
execution of all powers, functions, rights, privileges, duties and immunities of the city, its officers,
agencies, or employees granted by the City of Hapeville’s Charter or by state law; and,
WHEREAS, the municipal government of the City of Hapeville (hereinafter “City”) and
all powers of the City shall be vested in the Mayor and Council. The Mayor and Council shall be
the legislative body of the City; and,
WHEREAS, amendments to any of the provisions of the City’s Code may be made by
amending such provisions by specific reference to the section number of the City’s Code; and,
WHEREAS, existing ordinances, resolutions, rules and regulations of the City and its
agencies now lawfully in effect not inconsistent with the provisions of the City’s charter shall
remain effective until they have been repealed, modified or amended; and,
WHEREAS, every official act of the Mayor and Council which is to become law shall be
by ordinance; and,
WHEREAS, the procedures required for amending the City’s zoning ordinance have been
satisfied, including, but not limited to, notice and public hearings; and,
WHEREAS, the governing authority of the City finds it desirable to amend and update the
unit size requirements in the R-AD Zone.
BE IT, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF HAPEVILLE, GEORGIA THAT:
Section One. Chapter 93 (Zoning), Article 5 (R-AD Zone (Residential-Architectural
Design)), Section 93-5-5 (Unit Size) of the City Code of Ordinances is hereby amended by striking
the section in its entirety and inserting in lieu thereof the following language:
The minimum floor area of the principal dwelling shall not be less than 1,000 square feet.
The combined floor area of all accessory buildings on the lot shall not exceed 25 percent of the
floor area of the principal dwelling, and in no case shall it exceed 600 square feet.
{Doc: 02288506.DOCX}
DRAFT
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
Section Two. Codification and Certify. This Ordinance adopted hereby shall be codified
and certified in a manner consistent with the laws of the State of Georgia and the City.
Section Three. Severability.
(a) It is hereby declared to be the intention of the Mayor and Council that all sections,
paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment,
believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest
extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this
Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this
Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the
greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance
is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this
Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance
shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable
by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of
the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the
greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any
of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to
the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and
sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and
effect.
Section Four. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances
in conflict herewith are hereby expressly repealed.
Section Five. Effective Date. The effective date of this Ordinance shall be the date of
adoption unless otherwise stated herein.
ORDAINED this
day of
, 2019.
CITY OF HAPEVILLE, GEORGIA
____________________________________
Alan Hallman, Mayor
ATTEST:
{Doc: 02288506.DOCX}
DRAFT
93
94
95
96
97
98
99
100
101
102
103
Crystal Griggs-Epps, City Clerk
APPROVED BY:
City Attorney
{Doc: 02288506.DOCX}
Department of Planning and Zoning
Planner’s Report
DATE:
TO:
FROM:
RE:
August 16, 2019
Adrienne Senter
Lynn Patterson, Consulting Planner for City of Hapeville
Dimensional Requirements
BACKGROUND
The Planning Commission has requested changes to the Dimensional Requirements to facilitate
renovations and new development in the City of Hapeville. In the process of reviewing the Dimensional
Requirements, staff has also identified errors in the existing text. The following text amendment adopts
the changes recommended by the Commission and includes corrections to existing errors and is
presented for recommendation to Mayor & City Council.
CODE
ARTICLE 5. - R-AD ZONE (RESIDENTIAL-ARCHITECTURAL DESIGN)
Change:
Sec. 93-5-5. - Unit size.
The minimum floor area of the principal dwelling shall not be less than 1,400 square feet. The
combined floor area of all accessory buildings on the lot shall not exceed 25 percent of the floor area of
the principal dwelling, and in no case shall it exceed 600 square feet.
To:
Sec. 93-5-5. - Unit size.
The minimum floor area of the principal dwelling shall not be less than 1,000 square feet. The
combined floor area of all accessory buildings on the lot shall not exceed 25 percent of the floor area of
the principal dwelling, and in no case shall it exceed 600 square feet.
ARTICLE 22.1 DIMENSIONAL REQUIREMENTS
Sec. 93-22.1-1. - Chart of dimensional requirements.
Remove column “Bed & Bath Req.”
Other changes are highlighted in table below:
Minimum
Front Yard
Zoning
District
R-O
Lot
Development Type Frontage
(Feet)
Single-family
Detached
60
Single-family
Detached
50
10,000
10,000
1,600
40
30
30
6,750
6,750
1,000
40
15
15
Accessory
Structure(s)
R-2
Single-family
Detached
60
8,500
8,500
1,000
40
15
15
Accessory
Structure(s)
Two-Family
Attached—Duplex
Accessory
Structure(s)
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Accessory
Structure(s)
R-1
Minimum
8,500
4,250
1,000
60
15
15
6
25
2½
35
5
5
2
25
5
25
2½
5
5
6
Max. Unit
Per Bldg.
Lot
2 DU
1
35
2 DU
1
2
25
2 DU
25
2½
35
2 DU
5
5
5
25
2 DU
10
20
2½
35
2 DU
5
5
2
25
1
1
Minimum
Front Yard
Zoning
District
R-3
Lot
Development Type Frontage
(Feet)
Single-family
Detached
60
60
8,500
8,500
1,000
40
15
15
8,500
4,250
1,000
60
15
15
Accessory
Structure(s)
Single-family
Attached
Patio/Townhomes
60
10,000
2,500
1,000
60
15
15
Accessory
Structure(s)
R-4
Single-family
Detached
60
8,500
8,500
1,000
60
15
15
Accessory
Structure(s)
Two-Family
Attached Duplex
60
8,500
4,250
1,000
60
15
15
Accessory
Structure(s)
Single-family
Attached
Public/Townhomes
60
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Accessory
Structure(s)
Single-family
Attached—Duplex
Minimum
10,000
2,500
1,000
50
15
15
5
25
2½
35
5
5
2
25
10
20
2½
35
5
5
2
25
5
0
2½
35
5
5
2
25
8
25
2½
35
5
6
2
25
5
25
2½
35
5
5
2
25
5
20
2½
35
Max. Unit
Per Bldg.
Lot
2 DU
1
2 DU
1
2 DU
a.
2 DU
1
2 DU
1
2 DU
a.
Minimum
Front Yard
Zoning
District
Lot
Development Type Frontage
(Feet)
100
10,000
3,000
730
50
20
5
5
2
25
10
25
2
30
5
5
2
25
10
25
4
40
b.
5
5
2
25
5
20
2½
35
5
5
2
25
15
5
10
2½
15
5
5
25
15
5
20
5
5
20
Accessory
Structure(s)
Multifamily—2
Stories or More
200
5
acres
2,000
730
50
20
20
Accessory
Structure(s)
R-5
Single-family
Detached
40
4,000
4,000
1,000
70
15
15
Accessory
Structure(s)
Single-family
Attached 4 to 8
Units
40
10,000
2,500
1,000
70
15
Accessory
Structure(s)
R-SF
Single-family
Detached
40
4,000
4,000
1,000
70
15
Accessory
Structure(s)
R-I
Single-family
Detached
40
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Accessory
Structure(s)
Multifamily—2
Stories or Less
Minimum
4,000
4,000
1,000
40
15
15
Max. Unit
Per Bldg.
Lot
2 DU
20
2 DU
20
2 DU
1
35
2 DU
a.
2½
35
2 DU
1
5
2
25
25
2½
35
2 DU
1
Minimum
Front Yard
Zoning
District
Lot
Development Type Frontage
(Feet)
40
4,000
2,000
1,000
50
15
15
Accessory
Structure(s)
Single-family
Attached
Patio/Townhomes
40
10,000
2,500
1,000
60
15
15
Accessory
Structure(s)
V
Single-family
Detached
50
4,000
4,000
1,000
70
15
15
Accessory
Structure(s)
Single-family
Attached—4 to 8
Units
50
10,000
2,500
1,000
70
15
15
Accessory
Structure(s)
Condominiums
Accessory
Structure(s)
Conditional
200
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Accessory
Structure(s)
Single-family
Attached— Duplex
Minimum
43,500
2,500
1,400
70
15
15
5
5
2
25
5
20
2½
35
5
5
2
25
5
10
2½
35
5
5
2
25
5
20
2½
35
5
5
2
26
5
20
2½
35
5
5
2
25
10
25
5
5
40
b..
2
25
Max. Unit
Per Bldg.
Lot
2 DU
1
2 DU
a.
2 DU
1
2 DU
a.
2 DU
12
Conditional
Minimum
Front Yard
Zoning
District
C-R
Lot
Development Type Frontage
(Feet)
Minimum
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
40
b..
c., d., e.
N/A
2½
35
2 DU
1
5
2½
25
Nonresidential
50
10,000
10,000
1,000
70
15
15
15
25
Single-family
Detached
60
8,500
8,500
1,000
40
15
15
8
25
5
Accessory
Structure(s)
Max. Unit
Per Bldg.
Lot
Two-Family
Attached— Duplex
60
8,500
4,250
1,000
40
15
15
6
20
2½
35
2 DU
1
Single-family
Attached
Patio/Townhomes
50
10,000
2,500
1,000
60
15
15
5
0
2½
35
2 DU
a.
Multifamily—2
Stories or Less
100
30,000
3,000
480
50
15
15
10
25
2
35
2 DU
1
Nonresidential with
floor areas not
exceeding 6,000 sf
100
8,500
1,000
60
15
15
15
25
2½
40
b.
c., d., e.
Nonresidential with
floor areas in
exceeding 6,000 sf
200
5
acres
500
50
15
15
15
25
40
b.
c., d., e.
1,000
C-1
Nonresidential
80
15
15
0
0
40
b.
c., e.
C-2
Nonresidential
80
15
15
0
0
40
b.
c., d., e.
D-D
Nonresidential
80
15
15
0
0
40
b.
c., e.
Minimum
Front Yard
Zoning
District
Lot
Development Type Frontage
(Feet)
Minimum
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Max. Unit
Per Bldg.
Lot
I-1
Light Industrial
80
20
20
10
20
40
b.
c., d.,
e., f.
I-2
Heavy Industrial
80
20
20
10
20
40
b.
c., d.,
e., f.
N-C
Single-family
Detached
40
15
15
8
25
2½
35
2 DU
1
5
5
2
25
60
8,500
8,500
1,000
Accessory
Structure(s)
Single-family
Attached Duplex
80
8,500
4,250
1,000
60
15
15
5
20
2½
35
2 DU
2
Single-family
Attached
Patio/Townhomes
60
10,000
2,500
1,000
60
15
15
5
20
2½
35
2 DU
a.
5
5
2
25
Accessory
Structure(s)
UV
Multifamily—2
Stories or Less
100
10,000
3,000
480
50
20
20
10
26
2
35
2 DU
20
Multifamily - 3
Stories or Greater
125
10,000
3,000
730
50
20
20
10
25
4
40
b.
2 DU
30
Nonresidential
100
8,500
1,000
60
15
15
15
25
4
40
b.
c., d.,
e., f.
Single-family
Detached
30
2,400
1,000
90
0/15
0/15
0
0
2½
35
15 DU
0
0
2
25
Accessory
Structure(s)
1
Minimum
Front Yard
Zoning
District
Maximum
Lot
Development Type Frontage
(Feet)
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Single-family
Attached - Duplex
30
2,400
1,000
90
0/15
0/15
0
0
2½
35
1 DU
2
Single-family
Attached
Patio/Townhomes
and Live-Work Unit
20
1,200
1,000
90
0/15
0/15
0
0
3
45
1 DU
a.
0
0
2
25
Accessory
Structure(s)
RMU
Minimum
Multifamily
20
2,000
Nonresidential
20
2,000
Single-family
Detached
30
2,400
600
m
1,000
90
0/15
0/15
0
0
4 g.
64
g.
90
0/15
0/15
0
0
4 g.
64 d, e, i. j.
g.
k.
100
0/16
0/15
0
0
2½
35
0
0
2
25
Accessory
Structure(s)
Max. Unit
Per Bldg.
Lot
1 DU
1.5 DU
1
Single-family
Attached - Duplex
30
2,400
m
1,000
100
0/15
0/15
0
0
2½
35
1 DU
2
Single-family
Attached
Patio/Townhomes
and Live-Work Unit
20
1,200
m
1,000
100
0/15
0/15
0
0
3
45
1 DU, h
a.
0
0
2
25
Accessory
Structure(s)
Minimum
Front Yard
Zoning
District
Lot
Development Type Frontage
(Feet)
Minimum
Maximum
Min.
Lot
Floor
Min.
Lot Area/DU
Max Lot Minor Maj.
Area/DU
Side Rear Stories Feet Parking
Area Square
Coverage Col. Arterial
Sq. Ft.
Spaces
Sq. Ft.
Feet
Multifamily—
Condominium
20
2,000
Non-Residential
20
2,000
m
600
100
0/15
0/15
0
0
6 b.
m
1 DU
100
0/15
0/15
0
0
6 b.
m
d., e.,
i., j., k.
Max. Unit
Per Bldg.
Lot
a.
Single-family attached patio/townhomes cannot have more than eight units per building and no less than four units attached.
b.
Buildings over 40 feet in height must be approved by the building official and fire chief to ensure that fire safety design standards are met.
c.
One parking space for every 200 square feet of enclosed commercial floor area.
d.
One parking space for every unit in a hospital, hotel, motel, boardinghouse, or similar establishment. One off-street loading space for every
10,000 square feet of building.
e.
One parking space for every three seats in an auditorium, church, theater, or similar establishment.
f.
One parking space for every two employees on the largest shift of any industrial uses or similar establishment.
g.
Buildings over four stories or 64 feet in height must be approved by the planning commission and the fire chief to insurance that fire safety
standards are met. One off-street loading space for every 10,000 square feet of building.
h.
All live-work units shall provide a total of three parking spaces per dwelling unit, one of which may be provided in adjacent on-street parking.
i.
Three parking spaces for every 1,000 square feet of enclosed commercial/office floor area.
j.
One parking space for every three seats in an auditorium, church, theater, or similar establishment.
k.
Three parking spaces for every 1,000 square feet of enclosed restaurant floor area; and three parking spaces for every 1,000 square feet of
unenclosed restaurant floor area when such floor area exceeds 300 square feet.
l.
Reserved.
m.
Reference subsection 93-11.5-3(18) Residential density limitations.
Public Notice Order Confirmation
0000423834
Ad Order #
PO #
Ordered By
Account #
Name
9005051
CITY OF HAPEVILLE
3468 NORTH FULTON AVENUE, ATLANTA, GA 30354
Phone
Fax
404-669-8269
404-669-3302
Adrienne Senter
Address
Daily Report
Placement: Government Notice
Position: Public Hearing
Run Dates: 10/01
Subject:
County:
# of Ins: 1
Ad Size:
63 Words
R-AD Zone Residential-Architectural Design
Ad Text
Gross Amount
Affidavit Fee
Amount Due
10.00
5.00
15.00
Corrections
Please review and provide corrections as needed.
Payment By Credit Card
Credit Card #:
Card Holder Name:
( ) Visa
Exp. Date:
Signature:
/
( ) MC
Security Code:
Pmt Amount:
( ) Amex
Planning Commission Meeting
700 Doug Davis Drive
Hapeville, Georgia 30354
January 15, 2019 6:00PM
MINUTES
1. Welcome and Introduction
Chairman Brian Wismer called the meeting to order at 6:00 p.m. in the City of Hapeville
Municipal Annex located at 700 Doug Davis Drive, Hapeville, Georgia 30354. Members in
attendance included Vice Chairman Jeanne Rast, Lucy Dolan, Larry Martin and Charlotte
Rentz. City Planner Lynn Patterson and Secretary Adrienne Senter were also present.
Commissioners Mark Farah and Kaity Ferrero were unable to attend the meeting.
MOTION ITEM: Larry Martin made a motion, Jeanne Rast seconded to move item 4(b)
Zoning Map Amendment to item 5, Old Business. Motion Carried: 4‐0.
2. Election of Officers
Chairman
MOTION ITEM: Lucy Dolan made a motion, Charlotte Rentz seconded to re‐elect
Brian Wismer as Chairman. Motion Carried: 4‐0.
Vice Chairman
MOTION ITEM: Lucy Dolan made a motion, Larry Martin seconded to re‐elect
Jeanne Rast as Vice Chairman. Motion Carried: 4‐0.
3. Minutes of December 11, 2018
MOTION ITEM: Lucy Dolan made a motion, Larry Martin seconded to approve the
minutes of December 11, 2018 as submitted. Motion Carried: 4‐0.
4. New Business
a. 3290 North Whitney Avenue
Site Plan Review
Samuel Kirkland, on behalf of owner Jann Levesque, requested site plan approval to
construct a 2,487‐sf, two‐story home with an attached garage at 3290 North Whitney
Avenue, Parcel Identification Number 14 009800160337. The property is zoned R‐1, One
Family Detached and is .311 acres.
The applicant will work with staff regarding the removal of trees and, where feasible,
preserve any landmark trees.
1|P a g e
Public Comment – None.
MOTION ITEM: Jeanne Rast made a motion, Larry Martin seconded to approve the site
plan request at 3290 North Whitney Avenue subject to the deficiencies outlined in the
staff report. Motion Carried: 4‐0.
5. Old Business
a. Official Zoning Map
Text Amendment
Consideration of an Ordinance to amend Chapter 93, Zoning, of the Code of
Ordinances for the City of Hapeville, Georgia regarding the Zoning Map.
Staff proposed zoning map amendments to rezone properties within the City limits
that are currently zoned C‐R, Commercial‐Residential to V, Village. The C‐R zoning is
quite complex and restrictive in terms of allowable uses and dimensional
requirements whereas the V, Village zoning offers compatibility in terms of intent to
C‐R with greater ease.
Commissioner Larry Martin discussed concern regarding the property located on the
northeast side of InCiti Suites as he expressed desire to rezone that property as
residential only.
Public Comment – None.
After further discussion, the following action was taken:
MOTION ITEM: Jeanne Rast made a motion, Charlotte Rentz seconded recommend
the Mayor and Council approve the Official Zoning Map amendment as submitted.
Motion Carried: 4‐0.
b. Chart of Dimensional Requirements
Text Amendment
Consideration of an amendment to Chapter 93, Zoning, Sec. 93‐22.1‐1, Chart of
Dimensional Requirements as it relates to minimum dwelling size.
Motion Item: Jeanne Rast made a motion, Lucy Dolan seconded to recommend the
Mayor and Council approve the proposed amendment to the Chart of Dimensional
Requirements, Section 93‐22.1‐1 subject to the following changes:
1. There is no minimum requirement for the number of bedrooms and bathrooms.
2. All single‐family dwelling units and all residential zoning have a minimum floor
area of 1,000‐sf with the exception the R‐O zoning and multi‐family dwellings
whose minimum square footage shall remain the same.
Motion Carried: 4‐0.
2|P a g e
c. Accessory Buildings Code Sections
Text Amendment
Consideration of an amendment to Chapter 93, Zoning, Sec. 93‐2‐5, Accessory uses,
accessory buildings, yard requirements of accessory buildings, outbuildings and
fences as it relates to running water to accessory structures.
There was discussion regarding allowing water service to accessory structures.
Currently, water supply or discharge is prohibited, and the intent is to discourage
residential occupancy of any kind within an accessory structure.
The Commission discuss several options that would allow residents to provide utilities
to accessory structures but give the city regulations to monitor the use.
Public Comment – None.
After further discussion, the following action was taken:
MOTION ITEM: Jeanne Rast made a motion, Larry Martin seconded to table the
accessory use text amendment until the March 12, 2019 to allow staff time adequate
time to complete further research based upon the Commission’s discussion. Motion
Carried: 4‐0.
d. Sign Ordinance
Text Amendment
Consideration of an Ordinance to amend Article 3.3, Signs and Murals, Sec. 93‐3.3‐1,
that the registration of non‐conforming signs be struck from the Code.
Public Comment – None.
MOTION ITEM: Jeanne Rast made a motion, Lucy Dolan seconded to recommend the
Mayor and Council approve the Sign Ordinance text amendment.
Motion Carried: 3‐0.
e. U‐V, Urban Village Zone
Text Amendment
Consideration of an Ordinance to amend Article 11.2 U‐V, Urban Village,
Sec. 93‐11.2‐1 for the purpose of adding language to clarify commercial versus single
family/residential uses within the U‐V Urban Village zoning district.
Public Comment – None.
MOTION ITEM: Larry Martin made a motion, Lucy Dolan seconded to recommend the
Mayor and Council approve the U‐V, Urban Village text amendment. Motion Carried:
4‐0.
3|P a g e
6. Next Meeting Date – February 12, 2019 at 6:00PM
7. Adjourn
MOTION ITEM: Larry Martin made a motion, Jeanne Rast seconded to adjourn the
meeting at 8:07 p.m. Motion Carried: 4‐0.
Respectfully submitted by,
___________________________
Chairman, Brian Wismer
___________________________
Secretary, Adrienne Senter
4|P a g e
DRAFT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
STATE OF GEORGIA
CITY OF HAPEVILLE
ORDINANCE NO. _________________
AN ORDINANCE TO AMEND CHAPTER 93 (“ZONING”), ARTICLE 1 (“TITLE,
DEFINITIONS AND APPLICATION OF REGULATIONS”), SECTION 93-1-2
(“DEFINITIONS”) OF THE CODE OF ORDINANCES, CITY OF HAPEVILLE,
GEORGIA; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING
ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR
OTHER LAWFUL PURPOSES.
WHEREAS, the Mayor and Council shall have full power and authority to provide for the
execution of all powers, functions, rights, privileges, duties and immunities of the city, its officers,
agencies, or employees granted by the City of Hapeville’s Charter or by state law; and,
WHEREAS, the municipal government of the City of Hapeville (hereinafter “City”) and
all powers of the City shall be vested in the Mayor and Council. The Mayor and Council shall be
the legislative body of the City; and,
WHEREAS, amendments to any of the provisions of the City’s Code may be made by
amending such provisions by specific reference to the section number of the City’s Code; and,
WHEREAS, existing ordinances, resolutions, rules and regulations of the City and its
agencies now lawfully in effect not inconsistent with the provisions of the City’s charter shall
remain effective until they have been repealed, modified or amended; and,
WHEREAS, every official act of the Mayor and Council which is to become law shall be
by ordinance; and,
WHEREAS, the procedures required for amending the City’s zoning ordinance have been
satisfied, including, but not limited to, notice and public hearings; and,
WHEREAS, the governing authority of the City finds it desirable to amend and update the
ordinances regarding veterinarians, animal hospitals, and kennels.
BE IT, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF HAPEVILLE, GEORGIA THAT:
Section One. Chapter 93 (Zoning), Article 1 (Title, Definitions and Applications of
Regulations), Section 93-1-2 (Definitions) of the City Code of Ordinances is hereby amended by
adding the following definitions to Section 93-1-2(c):
Animal Hospital. Any facility used by a veterinarian or their staff to treat diseased or
injured animals, and to board animals exclusively as required for treatment.
{Doc: 02296088.DOCX}
DRAFT
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
Veterinarian. Any facility used by a person who holds a license to practice the profession
of veterinary medicine in the state. Veterinarians may board animals exclusively as required for
treatment.
Chapter 93 (Zoning), Article 1 (Title, Definitions and Applications of Regulations), Section 93-12 (Definitions) of the City Code of Ordinances is hereby further amended by replacing the
definition of “Kennel” in Section 93-1-2(c) with the following language:
Kennel. Any building or land use, designed or arranged for the boarding, breeding, or care
of dogs or cats for a fee. A ‘kennel’ does not include a facility that boards animals exclusively as
part of veterinary care.
Section Two. Codification and Certify. This Ordinance adopted hereby shall be codified
and certified in a manner consistent with the laws of the State of Georgia and the City.
Section Five. Severability.
(a) It is hereby declared to be the intention of the Mayor and Council that all sections,
paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment,
believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest
extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this
Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this
Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the
greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance
is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this
Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance
shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable
by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of
the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the
greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any
of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to
the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and
sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and
effect.
Section Six. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances
in conflict herewith are hereby expressly repealed.
Section Seven. Effective Date. The effective date of this Ordinance shall be the date of
adoption unless otherwise stated herein.
ORDAINED this
{Doc: 02296088.DOCX}
day of
, 2019.
DRAFT
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
CITY OF HAPEVILLE, GEORGIA
____________________________________
Alan Hallman, Mayor
ATTEST:
Crystal Griggs-Epps, City Clerk
APPROVED BY:
City Attorney
{Doc: 02296088.DOCX}
Department of Planning and Zoning
Planner’s Report
DATE:
TO:
FROM:
RE:
July 18, 2019
Adrienne Senter
Lynn Patterson, Consulting Planner for City of Hapeville
Definitions for Veterinarians, Animal Hospitals, and Kennels
BACKGROUND
The following is a proposed text amendment to update the definitions for “Animal Hospital”,
“Veterinarian”, and “Kennel” found in Sec. 93-1-2 of the Zoning Code.
CODE
ARTICLE 1. – TITLE, DEFINITIONS AND APPLICATION OF REGULATIONS
Sec. 93-1-2. – Definitions
(c) Definitions
Add “Animal Hospital. Any facility used by a veterinarian or their staff to treat diseased or injured
animals, and to board animals exclusively as required for treatment.”
Add “Veterinarian. Any facility used by a person who holds a license to practice the profession of
veterinary medicine in the state. Veterinarians may board animals exclusively as required for
treatment.”
Change “Kennel. Any building or land use, designed or arranged for the boarding, breeding, or care of
dogs for a fee” to “Kennel. Any building or land use, designed or arranged for the boarding, breeding, or
care of dogs or cats for a fee. A ‘kennel’ does not include a facility that boards animals exclusively as part
of veterinary care.”
Public Notice Order Confirmation
0000423836
Ad Order #
PO #
Ordered By
Account #
Name
9005051
CITY OF HAPEVILLE
3468 NORTH FULTON AVENUE, ATLANTA, GA 30354
Phone
Fax
404-669-8269
404-669-3302
Adrienne Senter
Address
Daily Report
Placement: Government Notice
Position: Public Hearing
Run Dates: 10/01
Subject:
County:
# of Ins: 1
Ad Size:
71 Words
Title, definitions and application of regulations
Ad Text
Gross Amount
Affidavit Fee
Amount Due
10.00
5.00
15.00
Corrections
Please review and provide corrections as needed.
Payment By Credit Card
Credit Card #:
Card Holder Name:
( ) Visa
Exp. Date:
Signature:
/
( ) MC
Security Code:
Pmt Amount:
( ) Amex
Planning Commission Meeting
700 Doug Davis Drive
Hapeville, Georgia 30354
April 9, 2019 6:00PM
MINUTES
1. Welcome and Introduction
Chairman Brian Wismer called the meeting to order at 6:00 p.m. in the City of Hapeville
Municipal Annex located at 700 Doug Davis Drive, Hapeville, Georgia 30354. Members in
attendance included Vice Chairman Jeanne Rast, Lucy Dolan, Larry Martin and Charlotte Rentz.
Secretary Adrienne Senter and City Planners Lynn Patterson and Michael Smith were also
present.
Commissioners Kaity Ferrero and Mark Farah were unable to attend the meeting.
2. Minutes of February 12, 2019
MOTION: Lucy Dolan made a motion; Charlotte Rentz seconded to approve the minutes of
February 12, 2019 as amended. Motion Carried: 4‐0.
3. New Business
a. 325 Sunset Avenue
Conditional Use Permit
Phil Ellen on behalf of Georgia Communities, Inc. requested approval of a conditional
use permit to operate a senior living facility at 325 Sunset Avenue, Parcel Identification
Number 14 009600060133. The property is zoned U‐V, Urban Village.
The proposed 74‐unit development will serve seniors ages 55 and above and include 1
& 2‐bedroom units. In an effort to promote quality of life, the development will include
several amenities such as an exercise facility, computer lab, and an event room for
birthday parties and bingo to name a few.
Prior to submission of the site plan and required approvals, the property will be
replatted such that the parking will be added to the developed parking.
Commissioner Martin expressed concern regarding the use of undeveloped land within
the city.
Public Comment – none.
MOTION ITEM: Lucy Dolan made a motion; Larry Martin seconded to recommend the
Mayor and Council grant the conditional use permit to operate a senior living facility
at 325 Sunset Avenue. Motion Carried: 4‐0.
1|P a g e
b. 525 King Arnold Street
Site Plan Review
Will Bryant of behalf of Fulton County Library System requested site plan approval for
the construction of a 5,975‐sf library at 525 King Arnold Street, Parcel Identification
Number 14 0095 LL0701 and 14 0095 LL0131. The properties are zoned V, Village.
The current property is occupied by an existing 5,675‐sf library. The applicant intends
to demolish the existing structure and build a new 5,975‐sf library on the site. The
development is shown being within a 15‐foot setback line on all sides. However, the
building canopy is shown as encroaching on the south side setback facing the street.
The applicant received a variance on March 28, 2019 to allow the canopy to overhang
the front setback by 12’‐2”.
The site will have 42 parking spaces shared with the nearby park, with 31 exclusive to
the library including 19 in a new lot and 12 in an existing lot which will be restriped.
The landscape plan includes the location and types of trees currently on the site within
the planned construction area. The applicant proposes removing six trees, including
one 42” landmark hardwood tree.
The building is a LEED Certified structure (Leadership in Energy Efficient Design)
which means healthier, more productive places, reduced stress on the environment
by encouraging energy and resource‐efficient buildings, and savings from increased
building value with higher lease rates and decreased utility costs. As part of the LEED
Certified no irrigation system is planned. However, xeriscaping is planned to include
native species drought tolerance plants that will be maintained.
Commissioner Martin expressed concerns regarding the building location and
pedestrian safety. In addition, Mr. Martin stated that allowing the parking lot to remain
in the front of the site would preserve trees.
Chairman Wismer asked if they City would consider on‐street parallel parking along
King Arnold Street to create a natural buffer.
Public Comment – None.
MOTION ITEM: Larry Martin made a motion to reconsider the location of the
building from the street. Motion died for lack of second.
MOTION ITEM: Jeanne Rast made motion; Lucy Dolan seconded to approve the site
plan subject to the following conditions:
1. The LEED Certification and xeriscaping does not require irrigation, but the plants
must be maintained.
2|P a g e
2. Must submit calculations for impervious surface or lot coverage must be less than
70 percent.
3. Must meet the deficiencies outlined by the City Engineer, City Planner and Fire
Marshal.
Discussion: Larry Martin made a motion to amend the motion to revise the site plan
to remove the three parking spaces on west side of the property in order to preserve
the trees and ask the developer to apply for a parking variance from the Board of
Appeals. Motion died for lack of second.
Motion Carried: 3‐1; Larry Martin opposed.
c. Veterinarians, animal hospitals and kennels
Text Amendment
Consideration to amend the code for veterinarians, animal hospitals and kennels, of
the Code of Ordinances for the City of Hapeville.
Staff is requesting a text amendment to allow for veterinarians and animal hospitals
in all commercial districts. Kennels, where animals are boarded for an extended
period of time, will be allowable in I‐1 and C‐1, where they are already allowed, and
will be added to C‐2 districts.
Public Comment – None.
MOTION ITEM: Larry Martin made a motion; Charlotte Rentz seconded to
recommend the Mayor and Council approve the text amendment as requested.
Motion Carried: 4‐0.
4. Old Business
a. Accessory Uses/Buildings
Text Amendment
Consideration and Action of an Ordinance to amend Section 93‐2‐5, Accessory uses,
accessory buildings, yard requirements of accessory buildings, outbuildings and
fences, of the Code of Ordinances for the City of Hapeville, Georgia. This item was
tabled at the February 12, 2019 meeting pending recommended changes.
The Commission requested staff clarify the language in Section 93‐2‐5(a) regarding
water supply and item (g) under definitions regarding additional parking spaces.
Public Comment: None.
After further discussion the following action was taken:
MOTION ITEM: Jeanne Rast made a motion; Charlotte Rentz seconded to
recommend the Mayor and Council approve the Accessory Uses/Buildings Text
Amendment with proposed changes. Motion Carried: 4‐0.
3|P a g e
b. Chart of Dimensional Requirements
Residential Building Height
Discussion regarding the height requirements for new residential development.
This item was discussed at the February 12, 2019 meeting.
Staff discussed this issue with members of the Design Review Committee and several
architects, and it was determined that there is no standard verifiable reason to
restrict residential building height.
Due to time constraints, the following action was taken:
MOTION ITEM: Larry Martin made a motion, Lucy Dolan seconded to table this item
until the May 14, 2019 meeting. Motion Carried: 4‐0.
c. Proposed Zoning Code Amendments
Open discussion regarding proposed zoning code amendments.
No action taken.
5. Next Meeting Date – May 14, 2019 at 6:00PM
6. Adjourn
MOTION ITEM: Lucy Dolan made a motion; Charlotte Rentz seconded to adjourn the meeting
at 8:00 p.m. Motion Carried: 4‐0.
Respectfully submitted,
_____________________________
Chairman, Brian Wismer
_____________________________
Secretary, Adrienne Senter
4|P a g e
Municipality
Assessed Value
1 Mill
Sandy Springs
Roswell
Alpharetta
John's Creek
Milton
S Fulton
East Point
Union City
Fairburn
College Park
Hapeville
Chattahoochee Hills
Palmetto
Mountain Park
8,758,486,547.00
6,022,103,827.00
5,733,198,249.00
4,558,113,588.00
2,947,716,826.00
2,570,459,726.00
1,247,533,421.00
877,411,794.00
812,508,080.00
635,348,321.00
427,016,882.00
189,029,014.00
119,255,328.00
22,275,702.00
8,758,487
6,022,104
5,733,198
4,558,114
2,947,717
2,570,460
1,247,533
877,412
812,508
635,348
427,017
189,029
119,255
22,276
** - Comparison of what 1 mill collects in each municipality relative to Hapeville
A Sandy Springs mill collects $20 for each Hapeville mill
Because of small size and high services, the City requires a higher millage RATE.
Relative to
Hapeville **
20.51
14.10
13.43
10.67
6.90
6.02
2.92
2.05
1.90
1.49
1.00
0.44
0.28
0.05
ALAN HALLMAN
MAYOR
MIKE RAST
ALDERMAN AT LARGE
TRAVIS HORSLEY
COUNCILMAN AT LARGE
MARK ADAMS
COUNCILMAN WARD I
CHLOE ALEXANDER
COUNCILMAN WARD II
October 1, 2019
Ms. Venessa Harrison
AT&T Georgia State President
675 W Peachtree Street NW
Suite 4224
Atlanta, GA 30308
Dear Ms. Harrison,
Residents of the City of Hapeville rely on the North Springs/Doraville/College Park station to connect to
destinations throughout the MARTA Rail system including job centers, sports events, concerts, and the
Airport.
Currently, available MARTA parking at North Springs/Doraville/College Park often fills up on workdays
and during special events and undercuts the reliability of utilizing the MARTA rail system to reach those job
centers and special events.
As Mayor of Hapeville, and on behalf of my constituents, I support MARTA’s offer to purchase the AT&T
parking facility at North Springs/Doraville/College Park to increase the reliability and access to the MARTA
rail system from our community.
Sincerely,
Alan Hallman,
Mayor
3468 North Fulton Avenue, Hapeville, Georgia 30354
City Hall 404.669.2100 www.hapeville.org
_______________________________________________________________________________________
Community Service
3474 N. Fulton Avenue
404-669-2120
Economic Development
3468 N. Fulton Avenue
404-669-8269
Fire Department
606 King Arnold Street
404-669-2141
Police Department
700 Doug Davis Drive
404-768-7171
Recreation Department
3444 N. Fulton Avenue
404-669-2136
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
STATE OF GEORGIA
CITY OF HAPEVILLE
35
36
37
38
BE IT, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF HAPEVILLE, GEORGIA THAT:
39
Solicitations and Transient Merchants), Section 11-11-4 (Regulation and Licensing of Transient
40
Merchants) of the City Code of Ordinances is hereby amended by striking said section in its
41
entirety and replacing it with the following language:
42
ORDINANCE NO. _________________
AN ORDINANCE TO REVISE CHAPTER 11 (“BUSINESS LICENSING AND
REGULATION”), ARTICLE 11 (“COMMERCIAL SOLICITATIONS AND TRANSIENT
MERCHANTS”) SECTION 11-11-4 (“REGULATION AND LICENSING OF TRANSIENT
MERCHANTS”) OF THE CODE OF ORDINANCES, CITY OF HAPEVILLE, GEORGIA
TO PROVIDE FOR THE REGULATION OF TRANSIENT MERCHANTS; TO PROVIDE
FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN
EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.
WHEREAS, the mayor and council shall have full power and authority to provide for the
execution of all powers, functions, rights, privileges, duties and immunities of the city, its officers,
agencies, or employees granted by the City of Hapeville’s Charter or by state law; and,
WHEREAS, the municipal government of the City of Hapeville (hereinafter “City”) and
all powers of the City shall be vested in the mayor and council. The mayor and council shall be
the legislative body of the City; and,
WHEREAS, existing ordinances, resolutions, rules and regulations of the City and its
agencies now lawfully in effect not inconsistent with the provisions of the City’s charter shall
remain effective until they have been repealed, modified or amended; and,
WHEREAS, amendments to any of the provisions of the City’s Code may be made by
amending such provisions by specific reference to the section number of the City’s Code; and,
WHEREAS, every official act of the mayor and council which is to become law shall be
by ordinance; and,
WHEREAS, the governing authority of the City finds it desirable to provide for the
licensing, operation and regulation of transient merchants and to make updates regarding the same.
Section One. Chapter 11 (Business Licensing and Regulation), Article 11 (Commercial
Section 11-11-4 - Regulation and Licensing of Transient Merchants.
43
44
(a) It shall be unlawful for any person to sell, or offer for sale, goods or food of any type from
without a permit first having been granted under this section.
45
46
47
48
49
50
51
52
(b) An application for a permit hereunder shall be submitted to the City Clerk or his or her
designee setting forth all information required hereunder and in compliance with this ordinance.
The City Clerk or his or her designee shall develop a form application for the purpose of
compliance with this article. The application shall be accompanied by an executed indemnity
agreement indemnifying and releasing the City, its agents, employees and elected officials from
any and all liability against any and all claims, actions and suits of any type whatsoever arising in
connection with the activities of the Transient Merchant pursuant to the permit issued hereunder.
Transient Merchant permits shall be active for:
53
a. ninety (90) days commencing on the day of issuance; or
54
b. three (3) consecutive days as expressly stated on the permit.
55
56
57
58
(c) The following information shall be provided with each application for a Transient
Merchant permit, along with an application fee of $100.00 for a 90-day permit or $50.00 for a
three consecutive day permit, and an executed Release and Indemnification Agreement provided
by the City:
59
(1)
Name of the Transient Merchant;
60
(2)
Type and description of the vending unit or display cart/stand;
61
(3)
Owner's contact information;
62
(4)
Operator's contact information;
63
64
(5)
Copy of approved permit from the Fulton County Health Department (if
applicable);
65
66
(6)
List of operating locations and times including map detailing the position of the
vehicle, and current zoning in said locations;
67
68
(7)
Signatures from property owners indicating consent for the use of their property;
and
69
(8)
Signature of applicant indicating agreement to the listed requirements.
70
71
72
73
74
(d) A waiver of the application fee may be requested at the time of application by the
applicant if: (1) the event is a 501(c) non-profit event and proof is submitted thereof; or (2) the
event is a city-sponsored event as determined by the City Manager. However, all Transient
Merchants must fill out an application form, execute an Indemnification Agreement, and provided
the City with all necessary documentation required by the City.
75
76
(e) Transient Merchants may conduct business or operate in the public right-of-way, only
if parking in the right-of-way is legally allowed and it does not impede the flow of traffic. A
77
78
79
80
determination of traffic impediment shall be made by the City of Hapeville Police Department.
Transient Merchants must be located in a lot that can safely be accessible by patrons. Transient
Merchants cannot be parked on sidewalks. Parking on public, city-owned grass areas is permissible
with prior approval from the City Manager at the time of application.
81
82
83
(f) A Transient Merchant shall not operate on any private property without the prior written
consent of the owner. A Transient Merchant shall not be allowed to park overnight on any private
property without the prior written consent of the owner.
84
85
86
87
88
(g) A Transient Merchant may operate on City owned property, if: (1) the Transient Merchant
has received permission to do so from the City Manager; and (2) has indicated the appropriate City
owned location, date, and times of use on the application. At no time shall a Transient Merchant
be allowed to park overnight on any City owned property. Designated City lots, dates and times
are attached hereto and incorporated herein as Exhibit “A”.
89
90
91
92
93
94
95
96
(h) A Transient Merchant shall maintain a one million-dollar ($1,000,000.00) liability
insurance policy. Proof of current liability insurance, issued by an insurance company licensed to
do business in Georgia, protecting the Transient Merchant, the public and the City from all claims
for damage to property and bodily injury, including death, which may arise from operation under
or in connection with the permit, shall be provided to the City as part of its permit application. If
the Transient Merchant does not have insurance, the Transient Merchant may be under the
umbrella of an existing business with the business’ permission to do so. Such arrangement
documentation shall be included with the application to the City.
97
98
99
(i) A Transient Merchant shall not make sounds or announcements to call attention to the cart
or display either while traveling on the public rights-of-way or when stationary. At all times said
Transient Merchant shall be in compliance with the City’s noise ordinance.
100
101
(j) The permit under which a Transient Merchant is operating must be firmly attached and
visible on the Transient Merchant at all times.
102
103
(k) Transient Merchant shall not sale any goods out of a motorized vehicle or a cart, stand or
display being towed by a motorized vehicle.
104
105
(l) Transient Merchants shall not be located within fifteen (15) feet of any street intersection
or pedestrian crosswalk or ten (10) feet of any driveway.
106
107
108
(m) A Transient Merchant shall not sell or offer to sell any goods, foods, products, or services
between the hours of 10:00 p.m. to 9:00 a.m., unless otherwise approved and extended by the City
Manager.
109
110
(n) Vending structures shall not be left unattended or stored at any time on the open vending
site when vending is not taking place or during restricted hours of operation.
111
112
113
114
(o) No sale or offer for sale of ice cream, frozen milk, frozen dairy or ice confection products
shall be made from a Transient Merchant unless each side of the vehicle is marked, in letters and
numbers at least three (3) inches in height, with the name and address of the Transient Merchant
licensee.
115
116
117
118
(p) Transient Merchants shall comply with all state, federal and local health and safety
regulations and requirements and shall obtain and maintain any and all license and permits required
by any other health organization or governmental organization having jurisdiction over this subject
matter.
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
Section Two. Codification and Certify. This Ordinance adopted hereby shall be codified
and certified in a manner consistent with the laws of the State of Georgia and the City.
153
154
155
156
157
158
159
Section Three. Severability.
(a) It is hereby declared to be the intention of the Mayor and Council that all sections,
paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment,
believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest
extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this
Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this
Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the
greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance
is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this
Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance
shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable
by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of
the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the
greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any
of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to
the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and
sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and
effect.
Section Four. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances
in conflict herewith are hereby expressly repealed.
Section Five. Effective Date. The effective date of this Ordinance shall be the date of
adoption unless otherwise stated herein.
ORDAINED this
day of
, 2019.
CITY OF HAPEVILLE, GEORGIA
____________________________________
Alan Hallman, Mayor
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
ATTEST:
City Clerk
APPROVED BY:
City Attorney
FLOCK GROUP INC.
PO Box 207576
Dallas, TX 75320-7576
SAAS SERVICES AGREEMENT
ORDER FORM
This Order Form together with the SaaS Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”)
and the customer identified below (“Customer”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”)
hereby incorporates and includes the “Terms and Conditions” located at https://www.flocksafety.com/legal/terms-and-conditions
(the “SaaS Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the
“Agreement”). The SaaS Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).
Customer:
City of Hapeville, a municipal and
political subdivision of the State of
Address:
Contact:
Phone:
E-Mail:
Usage Fees: $48000 per Year (the “Payment Period”
Initial Term: 25 Months
Number of Cameras: 24
Renewal Term: 24 Months
Installation Fee (one-time) $0
Billing Contact:
Pole Fee (one-time) $0
(if different than above)
Expected Payment Method:
By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and
conditions contained in the SaaS Terms located at https://www.flocksafety.com/legal/terms-and-conditions.
The Parties have executed this Agreement as of the dates set forth below.
Flock Group Inc
Customer Name:
By:
Name:
Title:
By:
Name:
Title:
Flock Group Inc.
Order Form
City of Hapeville, GA
[Deal.DealID]
Date:
Date: _______________________________________
EXHIBIT A
Statement of Work
Installation of Flock Camera on existing pole or Flock-supplied pole if required
Flock Group Inc.
Order Form
City of Hapeville, GA
[Deal.DealID]
9/27/2019
(2) New Messages!
Terms and Conditions for Flock
Safety
1. DEFINITIONS
Certain capitalized terms, not otherwise de ned herein, have the meanings set forth or
cross-referenced in this Section 1.
1.1 “Authorized End User” shall mean any individual employees, agents, or contractors of
Customer accessing or using the Services through the Web Interface, under the rights
granted to Customer pursuant to this Agreement.
1.2 "Customer Data” will mean the data, media and content provided by Customer through
the Services. For the avoidance of doubt, the Customer Content will include the Footage.
1.3 “Documentation” will mean text and/or graphical documentation, whether in electronic
or printed format, that describe the features, functions and operation of the Services which
are provided by Flock to Customer in accordance with the terms of this Agreement.
1.4 “Embedded Software” will mean the software and/or rmware embedded or
preinstalled on the Hardware.
1.5 “Flock IP” will mean the Services, the Documentation, the Hardware, the Embedded
Software, the Installation Services, and any and all intellectual property therein or otherwise
provided to Customer and/or its Authorized End Users in connection with the foregoing.
1.6 “Footage” means still images captured by the Hardware in the course of and provided
via the Services.
1.7 “Hardware” shall mean the Flock Gate Cameras and any other physical elements that
interact with the Embedded Software and the Web Interface to provide the Services. The
term “Hardware” excludes the Embedded Software.
Is your community as safe as it
could be?
2
1.8 “Installation Services” means the services provided by Flock regarding the installation,
placements and con guration of the Hardware, pursuant to the Statement of Work
https://www.flocksafety.com/terms-and-conditions
1/13
9/27/2019
(2) New Messages!
attached hereto.
1.9 “Services” means the provision, via the Web Interface, of Flock’s software application for
automatic license plate detection, searching image records, and sharing Footage.
1.10 “Unit(s)” shall mean the Hardware together with the Embedded Software.
1.11 “Web Interface” means the website(s) or application(s) through which Customer and its
Authorized End Users can access the Services in accordance with the terms of this
Agreement.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to
Customer a non-exclusive, non-transferable right to access the features and functions of the
Services via the Web Interface during the Service Term, solely for the Authorized End Users.
The Footage will be available for Customer to access via the Web Interface for 30 days.
Authorized End Users will be required to sign up for an account, and select a password and
user name (“User ID”). Flock will also provide Customer the Documentation to be used in
accessing and using the Services. Customer shall be responsible for all acts and omissions of
Authorized End Users, and any act or omission by an Authorized End User which, if
undertaken by Customer, would constitute a breach of this Agreement, shall be deemed a
breach of this Agreement by Customer. Customer shall undertake reasonable efforts to
make all Authorized End Users aware of the provisions of this Agreement as applicable to
such Authorized End User’s use of the Services, and shall cause Authorized End Users to
comply with such provisions. Flock may use the services of one or more third parties to
deliver any part of the Services, including without limitation using a third party to host the
Web Interface which make the Services available to Customer and Authorized End Users.
Flock will pass-through any warranties that Flock receives from its then current third party
service provider to the extent that such warranties can be provided to Customer. SUCH
WARRANTIES, AS PROVIDED AS HONORED BY SUCH THIRD PARTIES, ARE THE
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND FLOCK’S SOLE AND EXCLUSIVE
LIABILITY WITH REGARD TO SUCH THIRD PARTY SERVICES, INCLUDING WITHOUT
LIMITATION HOSTING THE WEB INTERFACE. Customer agrees to comply with any
acceptable use policies and other terms of any third party service provider that are provided
or otherwise made available to Customer from time to time.
Is yourofcommunity
as safe
as itgrants
2.2 Embedded Software License. Subject to all terms
this Agreement,
Flock
2
could
be?
Customer a limited, non-exclusive, non-transferable,
non-sublicensable
(except to the
Authorized End Users), revocable right to use the Embedded Software as installed on the
https://www.flocksafety.com/terms-and-conditions
2/13
9/27/2019
(2) New Messages!
Hardware by Flock; in each case, solely as necessary for Customer to use the Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to
Customer a non-exclusive, non-transferable right and license to use the Documentation
during the Service Term for Customer’s internal purposes in connection with its use of the
Services as contemplated herein.
2.4 Usage Restrictions. Customer will not, and will not permit any Authorized End Users to,
(i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or
otherwise attempt to obtain or perceive the source code from which any software
component of any of the Flock IP is compiled or interpreted, or apply any other process or
procedure to derive the source code of any software included in the Flock IP, or attempt to
do any of the foregoing, and Customer acknowledges that nothing in this Agreement will be
construed to grant Customer any right to obtain or use such source code; (iii) modify, alter,
tamper with or repair any of the Flock IP, or create any derivative product from any of the
foregoing, or attempt to do any of the foregoing, except with the prior written consent of
Flock; (vi) interfere or attempt to interfere in any manner with the functionality or proper
working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual
property or proprietary right appearing on or contained within any of the Application IP; (vii)
use the Services for timesharing or service bureau purposes or otherwise for the bene t of a
third party; or (viii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey,
or pledge as security or otherwise encumber, Customer’s rights under Sections 2.1, 2.2, or
2.3.
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in
this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP
and its components, and Customer acknowledges that it neither owns nor acquires any
additional rights in and to the foregoing not expressly granted by this Agreement. Customer
further acknowledges that Flock retains the right to use the foregoing for any purpose in
Flock’s sole discretion.
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may
temporarily suspend Customer’s and any Authorized End User’s access to any portion or all
of the Flock IP if (i) Flock reasonably determines that (a) there is a threat or attack on any of
the Flock IP; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or
poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or
any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d)
Flock’s provision of the Services to Customer or any
Authorized
End as
User
is prohibited
by
Is your
community
safe
as it
2
could be?
applicable law; or (e) any vendor of Flock has suspended
or terminated Flock’s access to or
use of any third party services or products required to enable Customer to access the Flock
https://www.flocksafety.com/terms-and-conditions
3/13
9/27/2019
(2) New Messages!
IP (each such suspension, in accordance with this Section 2.6, a “Service Suspension”).
Flock will make commercially reasonable efforts, circumstances permitting, to provide
written notice of any Service Suspension to Customer (including notices sent to Flock’s
registered email address) and to provide updates regarding resumption of access to the
Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to
resume providing access to the Application Service as soon as reasonably possible after the
event giving rise to the Service Suspension is cured. Flock will have no liability for any
damage, liabilities, losses (including any loss of data or pro ts) or any other consequences
that Customer or any Authorized End User may incur as a result of a Service Suspension.
2.7 Installation Services.
2.7.1 Designated Locations. Prior to performing the physical installation of the Units, Flock
shall advise Customer on the location and positioning of the Units for optimal license plate
image capture, as conditions and location allow. While Flock will provide advice regarding
the location of positioning of such Units, Customer will have the ultimate decision regarding
the location, position and angle of the Units (each Unit location so designated by Customer,
a “Designated Location”). Due to the fact that Customer selects the Designated Location,
Flock shall have no liability to Customer resulting from any poor performance, functionality
or Footage resulting from or otherwise relating to the Designated Locations. After an
installation plan with Designated Locations and equipment has been agreed upon by both
Flock and the Customer, any subsequent changes to the installation plan driven by a
Customer's request will incur a $250 charge in addition to any equipment charges. These
changes include but are not limited to camera re-positioning, adjusting of camera
mounting, re-angling, changes to heights of poles.
2.7.2 Customer’s Installation Obligations. Customer agrees to allow Flock and its agents
reasonable access to the designated installation locations at all reasonable times upon
reasonable notice for the purpose of performing the installation work (together with the
preceding sentence, the “Customer Installation Obligations”). It is understood that the
Installation Fees do not include any permits or associated costs, any federal, state or local
taxes including property, license, privilege, sales, use, excise, gross receipts or other similar
taxes which may now or hereafter become applicable to, measured by or imposed upon or
with respect to the installation of the Hardware, its use, or any other services performed in
connection therewith and that Customer shall be solely responsible for the foregoing.
Customer represents and warrants that it has all necessary right title and authority and
hereby authorizes Flock to install the Hardware at the Designated Locations and to make
any necessary inspections or tests in connection with such installation.
Is your community as safe as it
could be?
2
2.7.3 Flock’s Installation Obligations. The Hardware shall be installed in a workmanlike
manner in accordance with Flock’s standard installation procedures, and the installation will
https://www.flocksafety.com/terms-and-conditions
4/13
9/27/2019
(2) New Messages!
be completed within a reasonable time from the time the Designated Locations are
selected by Customer. Following the initial installation of the Hardware, Flock’s obligation to
perform installation work shall cease; however, Flock will continue to monitor the
performance of the Units. Customer understands and agrees that the Services will not
function without the Hardware.
2.7.4 Security Interest. The Hardware shall remain the personal property of Flock and will be
removed upon the termination or expiration of this Agreement. Customer agrees to perform
all acts which may be necessary to assure the retention of title of the Hardware by Flock.
Should Customer default in any payment for the Services or any part thereof, then Customer
authorizes and empowers Flock to remove the Hardware or any part thereof. Such removal,
if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may
sustain as a result of Customer’s default and Flock shall have the right to enforce any other
legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its
services under this Agreement does not contemplate work in any areas that contain
hazardous materials, or other hazardous conditions, including, without limit, asbestos. In
the event any such hazardous materials are discovered in the designated locations in which
Flock is to perform services under this Agreement, Flock shall have the right to cease work
immediately in the area affected until such materials are removed or rendered harmless.
Any additional expenses incurred by Flock as a result of the discovery or presence of
hazardous material or hazardous conditions shall be the responsibility of Customer and shall
be paid promptly upon billing.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance
and of Services and may, from time to time, advise Customer on changes to the Services or
the Designated Locations which may improve the performance or functionality of the
Services or may improve the quality of the Footage. The work, its timing, and the fees
payable relating to such work shall be agreed by the Parties prior to any alterations to or
changes of the Services or the Designated Locations (“Monitoring Services”). Subject to the
terms hereof, Flock will provide Customer with reasonable technical and on-site support and
maintenance services (“On-Site Services”) in-person or by email at hello@ ocksafety.com.
Flock will use commercially reasonable efforts to respond to requests for support.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Customer Obligations. Customer agrees to provide
with accurate,
complete,
and
Is yourFlock
community
as safe as
it
2
could
be? as its User ID a name that
updated registration information. Customer may
not select
Customer does not have the right to use, or another person’s name with the intent to
https://www.flocksafety.com/terms-and-conditions
5/13
9/27/2019
(2) New Messages!
impersonate that person. Customer may not transfer its account to anyone else without
prior written permission. Customer will not share its account or password with anyone, and
must protect the security of its account and password. Customer is responsible for any
activity associated with its account. Customer shall be responsible for obtaining and
maintaining any equipment and ancillary services needed to connect to, access or
otherwise use the Services. Customer will, at its own expense, provide assistance to Flock,
including, but not limited to, by means of access to, and use of, Customer facilities and
Customer equipment, as well as by means of assistance from Customer personnel, to the
limited extent any of the foregoing may be reasonably necessary to enable Flock to perform
its obligations hereunder, including, without limitation, any obligations with respect to
Support Services or any Installation Services.
3.2 Customer Representations and Warranties. Customer represents, covenants, and
warrants that Customer will use the Services only in compliance with this Agreement and all
applicable laws and regulations, including but not limited to any laws relating to the
recording or sharing of video, photo, or audio content. Customer hereby agrees to
indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and
expenses (including without limitation costs and attorneys’ fees) in connection with any
claim or action that arises from an alleged violation of the foregoing, Customer’s Installation
Obligations, or otherwise from Customer’s use of the Services, Hardware and any Software,
including any claim that such actions violate any applicable law or third party right.
Although Flock has no obligation to monitor Customer’s use of the Services, Flock may do
so and may prohibit any use of the Services it believes may be (or alleged to be) in violation
of the foregoing.
4. CONFIDENTIALITY; CUSTOMER DATA
4.1 Con dentiality. Each Party (the “Receiving Party”) understands that the other Party (the
“Disclosing Party”) has disclosed or may disclose business, technical or nancial
information relating to the Disclosing Party’s business (hereinafter referred to as
“Proprietary Information” of the Disclosing Party). Proprietary Information of Flock
includes non-public information regarding features, functionality and performance of the
Services. Proprietary Information of Customer includes non-public data provided by
Customer to Flock or collected by Flock via the Unit, including the Footage, to enable the
provision of the Services, which includes but is not limited to geolocation information and
environmental data collected by sensors built into the Units (“Customer Data”). The
Receiving Party agrees: (i) to take the same security precautions to protect against
Is your
community
astakes
it
disclosure or unauthorized use of such Proprietary
Information
thatas
thesafe
party
with its
2
be?
own proprietary information, but in no event willcould
a party
apply less than reasonable
precautions to protect such Proprietary Information, and (ii) not to use (except in
https://www.flocksafety.com/terms-and-conditions
6/13
9/27/2019
(2) New Messages!
performance of the Services or as otherwise permitted herein) or divulge to any third person
any such Proprietary Information. Flock’s use of the Proprietary Information may include
processing the Proprietary Information to send Customer alerts, such as when a car exits
Customer’s neighborhood, or to analyze the data collected to identify motion or other
events. The Disclosing Party agrees that the foregoing shall not apply with respect to any
information that the Receiving Party can document (a) is or becomes generally available to
the public, or (b) was in its possession or known by it prior to receipt from the Disclosing
Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was
independently developed without use of any Proprietary Information of the Disclosing Party.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary
Information pursuant to any judicial or governmental order, provided that the Receiving
Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such
order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law
enforcement authorities, government of cials, and/or third parties, if legally required to do
so or if Flock has a good faith belief that such access, use, preservation or disclosure is
reasonably necessary to: (a) comply with a legal process or request; (b) enforce this
Agreement, including investigation of any potential violation thereof; (c) detect, prevent or
otherwise address security, fraud or technical issues; or (d) protect the rights, property or
safety of Flock, its users, a third party, or the public as required or permitted by law, including
respond to an emergency situation. Flock may store deleted Footage in order to comply
with certain legal obligations but such retained Footage will not be retrievable without a
valid court order.
4.2 Customer Data. As between Flock and Customer, all right, title and interest in the
Customer Data, belong to and are retained solely by Customer. Customer hereby grants to
Flock a limited, non-exclusive, royalty-free, worldwide license to use the Customer Data and
perform all acts with respect to the Customer Data as may be necessary for Flock to provide
the Services to Customer, including without limitation the Support Services set forth in
Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully
paid license to use, reproduce, modify and distribute the Customer Data as a part of the
Aggregated Data (as de ned in Section 4.4 below). As between Flock and Customer,
Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and
appropriateness of all Customer Data.
4.3 Feedback. If Customer provides any suggestions, ideas, enhancement requests,
feedback, recommendations or other information relating to the subject matter hereunder,
Customer hereby assigns (and will cause its agents and representatives to assign) to Flock
all right, title and interest (including intellectual property
rights) with
Is your community
asrespect
safe astoit or resulting
from any of the foregoing.
https://www.flocksafety.com/terms-and-conditions
2
could be?
7/13
9/27/2019
(2) New Messages!
4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock
shall have the right to collect and analyze data and other information relating to the
provision, use and performance of various aspects of the Services and related systems and
technologies (including, without limitation, information concerning Customer Data and
data derived therefrom). Customer acknowledges that Flock will be compiling anonymized
and/or aggregated data based on Customer Data input into the Services (the “Aggregated
Data”). Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free
right and license (during and after the term hereof) to (i) use and distribute such
Aggregated Data to improve and enhance the Services and for other marketing,
development, diagnostic and corrective purposes in connection with the Services and other
Flock offerings, and (ii) disclose the Customer Data (inclusive of any Footage) to enable law
enforcement monitoring against law enforcement hotlists as well as provide Footage search
access to law enforcement for investigative purposes only. No rights or licenses are granted
except as expressly set forth herein.
5. PAYMENT OF FEES
5.1 Fees. Customer will pay Flock the rst Usage Fee and the Installation Fee (the “Initial
Fees”) as set forth on the Order Form on or before the 7th day following the Effective Date of
this Agreement. Flock is not obligated to commence the Installation Services unless and
until the Initial Fees have been made and shall have no liability resulting from any delay
related thereto. Customer shall pay the ongoing Usage Fees set forth on the Order Form
with such Usage Fees due and payable thirty (30) days in advance of each Payment Period.
All payments will be made by either ACH, check, or credit card.
5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and
to institute new charges and Fees at the end of the Initial Term or any Renewal Term, upon
sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to
Customer (which may be sent by email). If Customer believes that Flock has billed
Customer incorrectly, Customer must contact Flock no later than sixty (60) days after the
closing date on the rst billing statement in which the error or problem appeared, in order
to receive an adjustment or credit. Inquiries should be directed to Flock’s customer support
department. Customer acknowledges and agrees that a failure to contact Flock within this
sixty (60) day period will serve as a waiver of any claim Customer may have had as a result of
such billing error.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case,
Is your
community
asby
safe
as itthirty (30)
full payment for invoices issued in any given month
must
be received
Flock
2
could
be? are subject to a nance charge
days after the mailing date of the invoice. Unpaid
amounts
of 1.5% per month on any outstanding balance, or the maximum permitted by law,
https://www.flocksafety.com/terms-and-conditions
8/13
9/27/2019
(2) New Messages!
whichever is lower, plus all expenses of collection, and may result in immediate termination
of Service. Customer shall be responsible for all taxes associated with Services other than
U.S. taxes based on Flock’s net income.
6. TERM AND TERMINATION
6.1 Term. Subject to earlier termination as provided below, the initial term of this Agreement
shall be for the period of time set forth on the Order Form (the “Initial Term”). Following
the Initial Term, this Agreement will automatically renew for successive renewal terms of the
length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial
Term, the “Service Term”) unless either party gives the other party notice of non-renewal at
least thirty (30) days prior to the end of the then-current term.
6.2 Termination. In the event of any material breach of this Agreement, the non-breaching
party may terminate this Agreement prior to the end of the Service Term by giving thirty
(30) days prior written notice to the breaching party; provided, however, that this Agreement
will not terminate if the breaching party has cured the breach prior to the expiration of such
thirty-day period. Either party may terminate this Agreement, without notice, (i) upon the
institution by or against the other party of insolvency, receivership or bankruptcy
proceedings, (ii) upon the other party's making an assignment for the bene t of creditors, or
(iii) upon the other party's dissolution or ceasing to do business. Upon termination for
Flock’s breach, Flock will refund to Customer a pro-rata portion of the pre-paid Fees for
Services not received due to such termination.
6.3 Effect of Termination. Upon any termination, Flock will collect all Units, delete all
Customer Data, terminate Customer’s right to access or use any Services, and all licenses
granted by Flock hereunder will immediately cease. Customer shall ensure that Flock is
granted access to collect all Units and shall ensure that Flock personnel does not encounter
Hazardous Conditions in the collection of such units.
6.4 Survival. The following sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to
any accrued rights to payment), 6.4, 7.4, and 8-9.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software (a “Defect”),
Customer must rst make commercially reasonable efforts to address the problem by
Isin
your
community
as safe
as efforts
it
contacting Flock’s technical support as described
Section
2.9 above.
If such
do not
2
could be?
correct the Defect, Flock shall, or shall instruct one of its contractors to, in its sole discretion,
repair or replace the Hardware or Embedded Software suffering from the Defect. Flock
https://www.flocksafety.com/terms-and-conditions
9/13
9/27/2019
(2) New Messages!
reserves the right to refuse or delay replacement or its choice of remedy for a Defect until
after it has inspected and tested the affected Unit; provided that such inspection and test
shall occur within 72 hours after Customer noti es the Flock of defect. Flock agrees to
replace cameras once at no cost to Customer in the event of theft or damage. Subsequent
replacement due to damage or theft will be at Customer’s own expense with a replacement
cost of $300 per camera. Customer shall not be required to replace subsequently damaged
or stolen units; however, Customer understands and agrees that functionality, including
Footage, will be materially affected due to such subsequently damaged or stolen units and
that Flock will have no liability to Customer regarding such affected functionality nor shall
the Fees owed be impacted.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the
following exclusions apply: (a) misuse of the Hardware or Embedded Software in any
manner, including operation of the Hardware or Embedded Software in any way that does
not strictly comply with any applicable speci cations, documentation, or other restrictions
on use provided by Flock; (b) damage, alteration, or modi cation of the Hardware or
Embedded Software in any way; or (c) combination of the Hardware or Embedded Software
with software, hardware or other technology that was not expressly authorized by Flock.
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry
standards to maintain the Services in a manner which minimizes errors and interruptions in
the Services and shall perform the Installation Services in a professional and workmanlike
manner. Services may be temporarily unavailable for scheduled maintenance or for
unscheduled emergency maintenance, either by Flock or by third-party providers, or
because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable
efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS CUSTOMER’S SOLE
REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE
AND/OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS
EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND INSTALLATION SERVICES ARE
PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Is your community as safe as it
could be?
2
8. LIMITATION OF LIABILITY
https://www.flocksafety.com/terms-and-conditions
10/13
9/27/2019
(2) New Messages!
NOTWITHSTANDING ANYTHING TO THE CONTRARY FLOCK AND ITS SUPPLIERS
(INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT
BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF
USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S REASONABLE
CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED
WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO
FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE
ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN
EMERGENCY, CUSTOMER SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE
SERVICES.
9. MISCELLANEOUS
9.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and enforceable.
9.2 Assignment. This Agreement is not assignable, transferable or sublicensable by
Customer except with Flock’s prior written consent. Flock may transfer and assign any of its
rights and obligations, in whole or in part, under this Agreement without consent.
9.3 Entire Agreement. This Agreement is the complete and exclusive statement of the
mutual understanding of the parties and supersedes and cancels all previous written and
oral agreements, communications and other understandings relating to the subject matter
of this Agreement, and that all waivers and modi cations must be in a writing signed by
both parties, except as otherwise provided herein.
9.4 Relationship. No agency, partnership, joint venture, or employment is created as a result
of this Agreement and Customer does not have any authority of any kind to bind Flock in
any respect whatsoever. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to
costs andas
attorneys’
Is recover
your community
safe as itfees.
2
could be?
9.5 Notices. All notices under this Agreement will be in writing and will be deemed to have
https://www.flocksafety.com/terms-and-conditions
11/13
9/27/2019
(2) New Messages!
been duly given when received, if personally delivered; when receipt is electronically
con rmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day
delivery by recognized overnight delivery service; and upon receipt, if sent by certi ed or
registered mail, return receipt requested.
9.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of
Georgia without regard to its con ict of laws provisions. The federal and state courts sitting
in Atlanta, Georgia will have proper and exclusive jurisdiction and venue with respect to any
disputes arising from or related to the subject matter of this Agreement.
9.7 Publicity. Flock has the right to reference and use Customer’s name and trademarks and
disclose the nature of the Services provided hereunder in each case in Supplier business and
development and marketing efforts, including without limitation on Flock’s website.
9.8 Export; US Government Customers. Customer may not remove or export from the
United States or allow the export or re-export of the Flock IP or anything related thereto, or
any direct product thereof in violation of any restrictions, laws or regulations of the United
States Department of Commerce, the United States Department of Treasury Of ce of
Foreign Assets Control, or any other United States or foreign agency or authority. As de ned
in FAR section 2.101, the Services, the Hardware, the Embedded Software and
Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1)
and (5) are deemed to be “commercial computer software” and “commercial computer
software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any
use, modi cation, reproduction, release, performance, display, or disclosure of such
commercial software or commercial software documentation by the U.S. Government will
be governed solely by the terms of this Agreement and will be prohibited except to the
extent expressly permitted by the terms of this Agreement.
CUSTOMER SERVICE
Questions concerning these Terms or other requests or questions should be directed to the
contact point speci ed at the end of these Terms.
Flock Safety
hello@ ocksafety.com
Last Updated: August 5, 2019
Is your community as safe as it
could be?
https://www.flocksafety.com/terms-and-conditions
2
12/13
9/27/2019
(2) New Messages!
Flock Safety
Flock is a wireless security system for neighborhoods.
PRODUCT
Resources
Tech Specs
FAQ
ABOUT US
Company
Media
Give us a call
844-339-7957
LEGAL
Privacy
Terms of Service
Is your community as safe as it
could be?
https://www.flocksafety.com/terms-and-conditions
2
13/13
Proposed Camera Intersections (2 per Intersection)
1. North Central Ave, on the pole at the IHOP.
2. South Central Ave, in front of Porsche, not looking at them, but
grabbing traffic in and out of the city.
3. Loop Road at both, the east and the west side of the city limits.
4. Virginia Ave. at the intersection with Norman Berry Drive.
5. Willingham Drive at the city limit with East Point.
6. South Central Ave. at the city limit with East Point
7. Sylvan Road at the city limit with East Point.
8. On North Central Ave. at the off ramp from I85, at Inn City
Suites.
9. On Cofield Drive, as close to the overpass at I85 as possible.
10. Mt Zion Road at Old Jonesboro Road.
11. Mt Zion at Forrest Hill Drive.
12. Dogwood and N Central
AAD - Hapeville logo presentation 1 - Concept 3
AAD - Hapeville logo presentation 1 - Concept 4
Geometric shapes, blending and forming an “H”. Symbolizes the new Hapeville,
building a foundation on the arts. Also symbolizes diversity, mixing cultures, etc.
Shape forms an abstract bird head, a subtle nod to the history of flight in
Hapeville and a nod to the production of the Thunderbird, an iconic car.
‘Discussion and Action Regarding Needed Speed Tables on Sims Street and Oakdale Road’
A RESPONSE TO COMPLAINTS AND CONCERNS FOR RESIDENTS AS IT RELATES TO
SPEEDERS, AND REQUESTS FOR CALMING MEASURES; AND
A RESOLUTION TO FURTHER DECLARE THE NEED FOR SAFER STREETS AND INCREASED
WALKABILITY AND SAFETY MEASURE PER THE ACTIVE REQUEST OF RESIDENTS WHO
PRESIDE WITHIN THE BOUNDARIES OF THE RESIDENTIAL AREAS OF THE CITY OF HAPEVILLE;
FURTHERMORE A RESOLUTION AS TO WHICH THE CITY STAFF IS AUTHORIZED TO REVIEW
THE COSTS ASSOCIATED WITH, TAKE APPROPRIATE ACTIONS TO FUND;
WHEREAS, the Mayor and Council views the need for traffic calming measures; and
WHEREAS, the Mayor and Council are appreciative of the dedicated work of the Hapeville Police
Department in actively pursuing needs to make the City of Hapeville a safe place to live, work, and play;
and
WHEREAS, per the research of the Mayor and Council, speed tables have proven effective in making
cities and neighborhoods more appealing and family friendly; and
WHEREAS, the Mayor and Council would request that staff to price out and implement the following
speed tables for residential ares; and
WHEREAS, the Cofield Park Neighborhood Association provide input and suggestions in writing to
[email protected] before our next scheduled meeting; and
WHEREAS, the perception of the Mayor and Council is that the health, safety, and welfare of the people
of the City of Hapeville shall be preserved, enhanced, and guarded by the discussion and potential action
of the aforementioned; and
BE IT, AND IS HEREBY DISCUSSED AT A SCHEDULED MEETING OF COUNCIL the following speed
table requests:
SPEED TABLES (3 additional sets):
LOCATION 1: 1 speed table on Sims Street
LOCATION 2: 2 speed tables on Oakdale Road
Exact placement will be determined by Community Services based on street design.
The government’s own published record — read it yourself, then decide what to do about it.
The cameras, the coverage, and the local record for this community.
Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.
Provenance
Where this record came from. Every source is listed, permanently.
- Agenda Watch · Oct 7, 2026
Permanent ID DKT-2026-001950 — this record is never deleted.
Record history
Every change to this record, logged as it happened.
- Oct 7, 2026 Filed on the Docket
- Oct 7, 2026 Full document archived — public record
← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.