(a)

Applications for variances.

(1)

All applications for variances shall be submitted initially, in writing, to the planning and zoning commission of the city, which shall consider these requests at its next called meeting. The planning and zoning commission may authorize such variance from the terms of this zoning chapter as will not be contrary to the public interest. The spirit of this chapter shall be observed, the public safety, health and welfare secured and substantial justice done. At the hearing, any party may appear in person or have authorized representation. Such variances may be granted in individual cases if the planning and zoning commission finds that:

a.

There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; and

b.

The application of this chapter to this particular piece of property would create an unnecessary hardship; and

c.

Such conditions are peculiar to the particular piece of property involved; and

d.

Such conditions are not the result of any actions of the property owner; and

e.

Relief, if granted, would not cause substantial detriment to the public nor impair the purposes or intent of this chapter; and

f.

The variance is granted for a use of land or building or structure that is not prohibited by this chapter.

(2)

All applications for variances shall be made by submitting a completed variance application to city hall. Applicants shall include with their application a written explanation of how the subject property meets all the conditions detailed in subsections (1) a. through f.

(b)

Required notification. Before the planning and zoning commission acts upon an application for a variance:

(1)

The notice of the time and place of the hearing shall be published at least 30 days and not more than 45 days prior to the hearing in the official organ of the county in which the sheriffs' advertisements are published.

(2)

The chair of the planning and zoning commission shall ensure that a sign is erected in a conspicuous place on the property involved, which shall contain information as to the variance applied for and the time and place of the hearing. This required sign shall be erected at least 15 days and not more than 45 days prior to the hearing. Failure to erect and maintain the sign as specified shall invalidate any subsequent determination by the planning and zoning commission.

(3)

Written notice must be sent via first class mail to the subject property owner at least 30 days before the public hearing to be held by the planning commission. Written notices must indicate the nature of the proposed use or activity and the date, time, place and purpose of the public hearing.

(c)

Expiration of approved variances. If applicable portions of this chapter have been amended or modified, or more than one year has elapsed, prior to the commencement of construction or other activity authorized by an approved variance request, a reapplication shall be required.

(Code 2004, § 39-1401; Ord. No. O-61-07, 1-17-2008; Ord. No. O-119-10, 12-16-2010; Ord. No. O-22-242, § 1, 5-19-2022; Ord. No. O-23-248, § I(a), 6-15-2023)

(a)

Generally. An administrative variance may be granted at the option of the chair of the planning and zoning commission for certain variance requests. Such variances must meet one of the following conditions and to be granted, the chair of the planning and zoning commission must conclude that the intent of the ordinance can be achieved and equal performance obtained by granting a variance:

(1)

A variance to a numerically qualified ordinance limit where the request does not exceed ten percent of that limit;

(2)

A variance for a conforming change to a nonconforming structure where such change does not increase the impact of the existing nonconformance aspects.

(3)

Per subsection 78-366(c), a re-authorization of an expired variance if application is made within 12 months of the variance expiration. If more than 12 months has lapsed since variance expiration, or 24 months since variance approval, a hearing before the planning and zoning commission shall be required.

(b)

Required notification.

(1)

A notice shall be published in the official organ of the county in which the sheriff's advertisements are published.

(2)

The chair of the planning and zoning commission shall ensure that a sign is erected in a conspicuous place on the property involved, which shall contain information as to the variance, its administrative approval, and the procedure for appeal. The variance becomes effective on the date the sign is erected and said sign must remain for a period of at least 15 days.

(3)

The administrative variance shall be reviewed at, and recorded in the minutes of, the next called meeting of the planning and zoning commission.

(c)

Limitations. An administrative variance may not be granted if any prior variances (granted or denied) were considered for the property involved within the last year. Multiple administrative variances are specifically not permitted.

(Code 2004, § 39-1401.2; Ord. No. O-61-07, 1-17-2008; Ord. No. O-119-10, 12-16-2010; Ord. No. O-22-242, § 1, 5-19-2022)

(a)

The planning commission may grant exemptions to buffer fencing restrictions when they find those restrictions no longer serve their original purpose. The procedural process defined for variances and appeals shall be followed for public notification and consideration.

(b)

When such exemptions are granted, conditions on construction, materials, fence height, transparency, and other attributes may be set. All other buffer restrictions must continue to be met or the buffer fencing exemption shall be vacated.

(c)

Buffer restrictions formally remain as they appear on the plat and property title. Buffer fencing exemptions apply only to action by the city and do not preclude action by other property owners.

(Code 2004, § 39-1401.3)

(a)

In cases of ordinance interpretations, planning and zoning commission chair decisions, enforcement officer or building inspector rulings, appeals to the planning and zoning commission may be made by any person aggrieved or by any official of the city affected by any decision of the ordinance enforcement, building inspector, or the planning and zoning commission chair. Such appeal shall be taken within 30 days by filing with the ordinance enforcement officer, building inspector or the planning and zoning commission chair, depending from which body's decisions the appeal is made, and with the city clerk a notice of appeal specifying the grounds thereof. The ordinance enforcement officer, building inspector or the planning and zoning commission chair shall promptly transmit to the planning and zoning commission all the papers constituting the record upon which the action appealed from was taken. An appeal stays all legal proceedings in furtherance of the action appealed from unless the ordinance enforcement officer, building inspector or the planning and zoning commission chair certifies that, by reason of facts stated in the certificate, a stay would, in their opinion, cause immediate peril to life and property. In such case, proceedings shall not be stayed otherwise than by the planning and zoning commission or by restraining order that may be granted by the superior court of the county.

(b)

Before the planning and zoning commission may act upon an appeal to review any grant or denial of a permit, interpretation, ruling or decision:

(c)

A public hearing shall be held thereon. A notice of the time and place of the public hearing shall be published at least 15 days and not more than 45 days prior to the hearing in the official organ of the county in which the sheriff's advertisements are published.

(d)

The applicant for a special exception, variance or appeal shall erect in a conspicuous place on the property involved, a sign which shall contain information as to the special exception applied for or the ruling being appealed and the time and place of the hearing. This required sign shall be erected at least 15 days and not more than 45 days prior to the hearing. Failure to erect and maintain the sign as specified above shall invalidate any subsequent determination by the mayor and council.

(e)

Written notice must be sent via first class mail to the subject property owner at least 30 days before the public hearing to be held by the planning and zoning commission. Written notices must indicate the nature of the proposed use or activity and the date, time, place and purpose of the public hearing.

(Ord. No. O-23-248, § I(b), 6-15-2023)

Editor's note— Ord. No. O-23-248, adopted June 15, 2023, amended § 78-369 in its entirety to read as herein set out. Former § 78-369 pertained to appeals to the mayor and city council, and derived from the 2004 Code.

The planning and zoning commission shall hear and decide requests for special exceptions to this chapter upon which the planning and zoning commission are required to pass.

(Code 2004, § 39-1403; Ord. No. O-23-248, § I(c), 6-15-2023)

(a)

Meetings of the planning and zoning commission shall be at the call of the chair, and at such other times as the members of the planning and zoning commission may determine. The chair, or, in his absence, the vice chair, may administer oaths and compel the attendance of witnesses by subpoena. The planning and zoning commission shall keep minutes of its proceedings, showing the vote of each member on each question, or, if absent or failing to vote, indicating that fact.

(b)

The planning and zoning commission shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the city clerk and shall be a public record. The minutes required hereunder shall be kept separate from the minutes of the regular council meetings.

(c)

The planning and zoning commission shall establish rules of procedure for conducting hearings. Each side in any public hearing before the planning and zoning commission shall be allowed no less than ten minutes per side to speak.

(Ord. No. O-23-248, § I(d), 6-15-2023)

Editor's note— Ord. No. O-23-248, adopted June 15, 2023, amended § 78-371 in its entirety to read as herein set out. Former § 78-371 pertained to procedure before the mayor and city council under this article, and derived from the 2004 Code.

If an application for a special exception is denied by the planning and zoning commission, or an application for a variance is denied, a reapplication for such special exception or variance may not be made earlier than 12 months from the date of the original application.

(Ord. No. O-23-248, § I(e), 6-15-2023)

Editor's note— Ord. No. O-23-248, adopted June 15, 2023, amended § 78-372 in its entirety to read as herein set out. Former § 78-372 pertained to reapplication to mayor and city council, and derived from the 2004 Code.

Any person or entity with an interest in the decision may seek review of such decision by petitioning the Gwinnett County Superior Court for a review, setting forth the alleged errors. The petition for review must be filed within 30 days of the date that the planning and zoning commission renders its final decision. When a petition for review is filed, the planning and zoning commission must be designated the respondent in the petition for review and the city the defendant in the petition for review. The secretary of the planning and zoning commission is authorized to approve or issue any form or certificate necessary to perfect the petition and to acknowledge service of a copy of the petition and writ on behalf of the planning and zoning commission, as respondent. Service upon the city as defendant may be upon the city administrator or as otherwise provided by law.

(Ord. No. O-23-248, § I(f), 6-15-2023)

Editor's note— Ord. No. O-23-248, adopted June 15, 2023, amended § 78-373 in its entirety to read as herein set out. Former § 78-373 pertained to appeals from decisions of the mayor and city council, and derived from the 2004 Code.

The city council shall establish a schedule of fees for building permits, certificate of occupancies, variances, appeals, special exceptions, special use permits, amendments to the zoning ordinance and other matters pertaining to this article. The schedule of fees shall be available for public inspection at city hall, and may be altered or amended only by the city council.

(Code 2004, § 39-1407; Ord. No. O-106-09, 11-19-2009)