The Gwinnett County-Annexed (GC-A) zoning district is applied to certain properties that were annexed into the city limits of the City of Berkeley Lake between August, 2011 and the effective date of this zoning ordinance. In addition, at the discretion of the Berkeley Lake mayor and city council, the GC-A district may be applied to properties annexed into the City of Berkeley Lake after the effective date of this zoning ordinance, consistent with the provision of the Zoning Procedures Law (O.C.G.A. §36-66) and this zoning ordinance.

(Ord. No. O-132-11, 10-20-2011)

Any properties zoned Gwinnett County-Annexed (GC-A) as shown on the official zoning map, unless otherwise specifically approved by the Berkeley Lake mayor and city council, shall be subject to the property-specific conditions of zoning or special use permit approval, or both, adopted by the Gwinnett County Board of Commissioners by resolution which applied to said properties at the time they were zoned, or the special use was permitted, in unincorporated Gwinnett County immediately prior to annexation. The official Gwinnett County zoning and special use permit files of properties so annexed shall become official files of the City of Berkeley Lake and shall be maintained by the city clerk, and said conditions of zoning or special use approval, or both, adopted by the Gwinnett County Board of Commissioners as adopted and applied by the City of Berkeley Lake, shall constitute the zoning regulations governing said properties. Further, any properties zoned Gwinnett County - Annexed (GC-A) as shown on the official zoning map shall be subject to those provisions of the zoning district of Gwinnett County's Zoning Resolution which applied to the property immediately prior to annexation, except as otherwise noted in section 78-301 below.

(Ord. No. O-132-11, 10-20-2011; Ord. No. O-24-253, § I(a), 9-19-2024; Ord. No. O-24-255, § 1.b, 1-16-2025)

(a)

Properties in the GC-A district shall be developed and used consistent with those uses permitted in the Gwinnett County zoning district classification which applied to the property immediately prior to annexation, except as follows:

(1)

Hookah/vapor bars or lounges shall be prohibited.

(2)

Vape/CBD shops shall be prohibited.

(3)

Convenience stores with or without fuel pumps shall be prohibited.

(4)

Noxious manufacturing and industrial uses shall be prohibited.

(b)

Properties in the GC-A district shall continue to enjoy the use or uses specifically conferred by formal zoning or special use permit action of the Gwinnett County Board of Commissioners immediately prior to annexation. Development of any properties zoned GC-A on the effective date of this Zoning Ordinance shall comply with the following:

(1)

The property-specific conditions of zoning adopted by the Gwinnett County Board of Commissioners in a property-specific rezoning action by resolution and which were in effect for said property when in unincorporated Gwinnett County immediately prior to annexation.

(2)

The property-specific conditions of special use approval adopted by the Gwinnett County Board of Commissioners in a property-specific special use permit action by resolution and which were in effect for said property when in unincorporated Gwinnett County immediately prior to annexation.

(3)

Any modification of zoning or special use permit conditions granted by the Gwinnett County Board of Commissioners by official action which are part of the official Gwinnett County files for said property on record with the city clerk.

(4)

Any property-specific variances granted by the Gwinnett County Board of Zoning Appeals and which are a part of the official Gwinnett County files for said property on record with the city clerk.

(5)

Any property-specific modification of zoning or special use permit conditions approved by the Berkeley Lake mayor and city council through formal action at a regular meeting prior to the effective date of this Zoning Ordinance, on record with the city clerk.

(6)

In reviewing a development proposal for compliance with the zoning regulations of the GC-A zoning district, questions may arise as to what other additional dimensional requirements or use regulations apply. In certain cases, the city clerk may not be able to resolve such questions by relying on the zoning or special use permit conditions and any applicable variances or modification of said conditions alone. For example, a building on a site plan approved as a condition of zoning or special use permit approval may not be shown with enough specificity to determine the maximum building height or setbacks that apply to the proposed building. As another example, questions may arise as to whether the use provisions allow for an accessory building, structure, or use on the subject property that is not shown on the site plan approved as a condition. In such instances where questions about development permissions cannot be resolved by applying the above provisions (1) through (5) of this section, the city clerk shall apply regulations of the Berkeley Lake zoning district established in this Zoning Ordinance which most closely resembles the zoning district of Gwinnett County's Zoning Resolution which applied to the property immediately prior to annexation, as more particularly shown below:

(7)

Exceptions.

(a)

Notwithstanding any provision of the Peachtree Corners Overlay District, as established by the Gwinnett County Zoning Resolution, to the contrary, inflatable and temporary signage in conformance with Chapter 62 of this Code shall be allowed.

(Ord. No. O-147-12, 6-21-2012; Ord. No. O-24-253, § I(b), 9-19-2024; Ord. No. O-24-255, § 1.c, 1-16-2025)

(a)

In any case where a development is proposed on property zoned GC-A but such development would not be consistent with the provisions of the GC-A zoning district as specified in this chapter, there shall be the following possible remedies:

(1)

File an application to rezone the property from GC-A to another zoning district set forth in the zoning ordinance which will lawfully provide for the proposed development, in accordance with the applicable zoning procedures and section 78-393 of this zoning ordinance.

(2)

File a variance application in accordance with the provisions of Section 78-366 of this zoning ordinance, but only on an individual, case-by-case basis and only involving a single building that cannot meet the yard area, setbacks, buffers, landscape strips, building coverage, lot coverage, or other dimensional (numeric) requirements of the approved site plan and conditions of zoning. No application for a variance shall be filed, accepted, or processed that contains a request to vary dimensional requirements pertaining to more than one principal building; provided, however, that an applicant may file more than one variance application when more than one building is involved.

(3)

The planning commission chair is authorized to grant administrative variances to properties zoned GC-A, pursuant to and as specified in section 78-367 of this zoning ordinance.

(b)

The city clerk shall not accept nor be authorized to process an application to modify the conditions of zoning approval pertaining to properties in the GC-A zoning district.

(c)

The city clerk shall not accept nor be authorized to process an application to modify a site plan or development plan approved by Gwinnett County and made a part of the regulations of the GC-A zoning district; provided, however, that minor revisions to an approved site plan or development plan may be administratively approved by the planning commission chair if in the planning commission chair's judgment such changes: (1) do not involve an increase in density or intensity of the site; and (2) do not alter buffers or setbacks along perimeter boundaries; and (3) do not otherwise result in a change that would be contrary to the public interest or that would be better considered via a public hearing process and a change in zoning or special use approval.

(Ord. No. O-132-11, 10-20-2011)

Except as this chapter specifically authorizes otherwise, lands annexed into the municipal limits of the City of Berkeley Lake between August, 2011 and the effective date of this zoning ordinance shall be subject to all applicable procedural and substantive requirements of this zoning ordinance as now or hereafter amended.

(Ord. No. O-132-11, 10-20-2011)

In cases where conditions of Gwinnett County zoning approval applicable to property in the GC-A zoning district require an administrative determination or decision, interpretation, or other administrative action, the city clerk or his designee shall have the authority to make such administrative determination, decision, or interpretation. To this end, the city clerk or his designee shall assume the authority of all administrative officials referred to in said conditions of zoning approval by Gwinnett County; provided, however, that in cases where engineering considerations are specified, the city engineer shall have such administrative authority.

(Ord. No. O-132-11, 10-20-2011)