The provisions of this Title 2 of the UDO shall be administered by the Department of Planning and Development, in association with and in support of the Planning Commission, Zoning Board of Appeals, and Board of Commissioners, as described herein.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-20.1Zoning Ordinance and Official Zoning Map Amendment Procedure.

A.

The Zoning Ordinance (as contained in Titles 1 and 2 of this UDO), including the Official Zoning Maps, may be amended from time to time by the Board of Commissioners, but no text or map amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation.

B.

If the Planning Commission fails to submit a report within 30 days of its first meeting after it has received an amendment request complete in all respects, it shall be deemed to have given a recommendation of "no comment" on the proposed amendment. However, the Planning Commission may table or continue the hearing on the matter to a specific future date and time in accordance with Section 270-25.B.

270-20.2Public Hearing Required; Required Notice of Public Hearing.

A.

Before the Planning Commission submits a report or the Board of Commissioners enacts or denies an amendment, they shall each hold a public hearing thereon, and the Board of Commissioners shall hold any additional public hearings required by law.

B.

At least fifteen but not more than forty-five days prior to the date of each such hearing, the Board of Commissioners shall cause to be published within a newspaper of general circulation within the territorial boundaries of Gwinnett County, a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. In addition, the notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

C.

A sign containing the information outlined above shall be placed in a conspicuous location on the property not less than fifteen days prior to the date of the hearing. A sign shall be erected at or near the right-of-way line (near the center of the frontage). Such sign shall not interfere with the sight distance at any intersection or driveway. The Director of Planning and Development may require the placement of signs at multiple locations for large acreage tracts or sites with multiple road frontages.

1.

The sign shall contain the following information: location of the property, the present zoning of the property, the proposed zoning of the property, and the date, time, and location of the public hearing.

2.

For cases tabled to a subsequent month, the sign shall be updated with the revised public hearing dates.

D.

In addition to the notices outlined above, the applicant shall give notice of the proposed zoning action by first class mail to all property owners of record within 1,000 feet of the subject property as shown by Gwinnett County tax records. Such notice shall be mailed at least fifteen (15) days prior to the first Planning Commission public hearing and shall include: a copy of the application cover sheet, letter of intent, applicant/contact person, vicinity map, site plan, zoning action case number, and the date, time, and place of the public hearings. A certificate of mailing from the U.S. Postal Service must be submitted to the Planning Division a minimum of fifteen (15) days prior to the first scheduled public hearing. Failure to timely submit the certificate of mailing will result in an administrative hold by the Department.

270-20.3Public Participation.

A.

Public Participation is required for any Zoning Map Amendment, Change-in-Conditions, or Special Use Permit application meeting the following thresholds:

1.

Any of the following Zoning Amendment Applications:

a.

Those resulting in the creation of more than ten new residential lots and/or units.

b.

Those resulting in the construction of more than 5,000 square feet of non-residential buildings and/or additions to buildings.

c.

Those resulting in more than 10,000 square feet of land disturbance.

2.

Any of the following Special Use Permit Applications:

a.

Those resulting in the construction of more than 5,000 square feet of non-residential buildings and/or additions to buildings.

b.

Those resulting in more than 10,000 square feet of land disturbance.

3.

Any of the following Change-in-Conditions Applications:

a.

Those resulting in the creation of more than ten additional residential lots and/or units.

b.

Those resulting in the construction of more than 5,000 square feet of additional non-residential buildings and/or additions to buildings.

c.

Those resulting in more than an additional 10,000 square feet of land disturbance.

d.

Those requesting any increase in building height, reduction of any building setback from an external property line, reduction of buffers, changes to the architecture of exterior facades, change in use or mixture of uses, or major changes to approved site plans as determined by the Director of Planning and Development.

B.

The Public Participation process consists of the following two-part process designed to enhance dialogue between applicants and communities which may be impacted by a proposed development.

1.

Public Participation Plan Required. All applications requiring public participation are required to create and submit a Public Participation Plan which must be filed simultaneously with the application. The plan shall be implemented prior to the first public hearing. The minimum standards for the plan are as follows:

a.

Identification of all property owners within 1,000 feet of the site. Written notice shall be provided by the applicant to all property owners a minimum of 14 days prior to the meeting.

b.

A summary of methods for providing opportunities for discussion with interested parties before public hearings are held. Applicants are required to schedule at least one meeting at a convenient location and time and notify all interested parties, as identified above, of the purpose, place, and time of the meeting. The applicant may schedule additional meetings as deemed necessary to ensure that interested parties have adequate opportunity to participate in the process.

c.

The applicant or representative thereof shall attend this meeting and provide an opportunity for dialogue with interested parties.

d.

Applicant's schedule for completion of the Public Participation Plan.

2.

Public Participation Report Required. All applications requiring public participation are required to provide a Public Participation Report to the Department of Planning and Development no later than 15 calendar days prior to the Planning Commission hearing. This report shall be made a part of the official file and will be provided to the Planning Commission and the Board of Commissioners. The minimum standards for the report are as follows:

a.

Provide a list of all parties that were contacted, the methods of notification that were used, and a copy of the notification letter(s).

b.

Provide dates and locations of all community and/or other meetings that were attended by the applicant to discuss an application. (Attach meeting notices, letters, etc.)

c.

Provide the number of people who participated in meetings held to discuss an application with sign-in sheets.

d.

A summary of concerns and issues expressed by interested parties.

e.

A summary of the applicant's response to these concerns and issues.

270-20.4Initiation of Amendments. Applications for zoning map amendments may be initiated by resolution of the Board of Commissioners, or by motion of the Planning Commission, Director of Planning and Development, or by petition of any property owner addressed to the Board of Commissioners. Amendments to the text of the UDO may be initiated by resolution of the Board of Commissions, or by motion of the Planning Commission, or Director of Planning and Development. In the case of a petition for the rezoning of property, such petition shall be submitted by the owner of record of said property, the owner's agent or by a contract purchaser with the owner's written consent.

270-20.5Limitation on Permits. Once a map amendment is initiated by the Board of Commissioners, no application for a clearing, grubbing, grading, septic tank, building, development or other similar permit, or for a Variance or Special Use Permit for the affected property shall be accepted for processing or acted upon until final action is taken by the Board of Commissioners on the proposed map amendment. Provided, however, that if the Board of Commissioners does not take final action on the proposed map amendment within six (6) months from the date of initiation, Permit, Variance and Special Use Permit applications shall again be accepted and reviewed pursuant to existing zoning. And further provided that such permit applications shall be accepted during the map amendment process if the proposed use is authorized under the same conditions in both the existing and proposed zoning district.

270-20.6Standards Governing the Exercise of Zoning Power. The Board of Commissioners finds that the following standards are relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property and shall govern the exercise of zoning power:

A.

Whether a proposed rezoning will permit a use that is suitable in view of the use and development of adjacent and nearby property;

B.

Whether a proposed rezoning will adversely affect the existing use or usability of adjacent or nearby property;

C.

Whether the property to be affected by a proposed rezoning has a reasonable economic use as currently zoned;

D.

Whether the proposed rezoning will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

E.

Whether the proposed rezoning is in conformity with the policy and intent of the Unified Plan and Future Development Map; and

F.

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposed rezoning.

270-20.7Impact Analysis. If a proposed amendment is for the rezoning of property, then:

A.

The initiating party, if a party other than the Board of Commissioners, shall be required to file, with its application for amendment, a written, documented analysis of the impact of the proposed zoning with respect to each of the matters enumerated in Section 270-20.5, above. Such a zoning proposal and analysis shall be a public record.

B.

The Department shall, with respect to each such zoning proposal, investigate and make a recommendation with respect to each of the matters enumerated in Section 270-20.5 above.

C.

The Department shall make a written record of its investigation and recommendations, and this record shall be a public record.

D.

The Planning Commission shall, with respect to each such zoning proposal, investigate and make a recommendation based on their investigation, the Department's evaluation, and information presented during the public hearing, which includes the consideration of the matters enumerated in Section 270-20.5 above. The Department shall make a written record of the Planning Commission recommendation, and this record shall be a public record.

270-20.8Action by Board of Commissioners. Following its public hearing the Board of Commissioners may:

A.

Approve the proposed amendment as presented;

B.

Approve the proposed amendment with conditions;

C.

Approve a similar or less intense use (including special uses), with or without conditions, if the proposed amendment is for the rezoning of property;

D.

Deny the proposed amendment in whole or in part;

E.

Deny the proposed amendment without prejudice, which means the action will not appear in any future staff case reports related to a zoning application impacting the property;

F.

Remand the matter back to the Planning Commission for reconsideration;

G.

Table final action to a future regularly scheduled business session or public hearing, or table the final action indefinitely.

270-20.9Plans and Other Documents Showing Proposed Use and Impact Required. An application for an amendment to create or extend a Zoning District shall be accompanied by a sketch plan at scale and such other plans, elevations or additional information as the Director and this Ordinance may require, showing the proposed development and its impact on natural and built systems. Additional information may include without limitation traffic studies developed in accordance with Gwinnett County Department of Transportation Guidelines utility studies, and drainage studies. All application requirements must be satisfied as outlined in the Department's Procedures and Instructions for Rezoning, Change-in-Conditions, and Special Use Permit Applications.

270-20.10Change in Conditions of Zoning. Changes to the conditions of an approved Rezoning shall be subject to the same application, review, and approval process as a new application, including the payment of relevant fees.

270-20.11 Appeals of a Zoning Ordinance Text and Map Amendment Decision. Appeals of a decision by the Board of Commissioners to approve or deny an amendment may be taken in the manner provided by law.

270-20.12Actions to be Taken if Plans are not Implemented within Specified Time Limits.

A.

For any zoning map amendment for which the Board of Commissioners is not the applicant, and upon which property no development permit, building permit, or certificate of occupancy has been issued within 12 months of the date of approval of said amendment, the Board of Commissioners may review the zoning district classification of the property and determine whether it shall be continued or initiated for rezoning.

B.

Such properties shall first be reviewed by the Planning Commission, which shall make such findings and recommendations as it deems appropriate.

270-20.13 Concurrent Variances. In cases where an applicant is proposing a zoning map amendment and where the applicant files an application to obtain a variance at the same time of filing an application for zoning map amendment, the variance application may be processed simultaneously. Granting of concurrent variances shall be subject to compliance with the applicable Standards Governing Exercise of the Zoning Power, as determined by Sec. 270-20.5.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

A.

Exercise of zoning power shall conform to the standards expressed in the county land use plan, as amended from time to time, and Section 270.20.5.

B.

All items on an advertised agenda for a public hearing shall be heard on the scheduled date except if, in the judgment of a majority of the quorum of the Planning Commission or Board of Commissioners, as applicable, special circumstances surrounding the matter warrant the continuance of the hearing on the matter to a specific future date and time.

C.

If there are multiple applications for the same property, including applications to rezone property from one zoning classification to another pursuant to Section 270-20, applications for a Special Use Permit pursuant to Section 270-30, applications for a concurrent variance pursuant to Section 270-20.11 or Section 270-30.14, or applications for a change in conditions to a previously approved rezoning or special use permit, a single public hearing covering all applications shall be held.

D.

Prior to the presentation of zoning matters, the Chairperson of the Planning Commission or Board of Commissioners, as applicable, shall make an announcement that may include, but not be limited to, the following:

1.

A reminder that the public hearings are being held at an official public meeting at which important business is conducted, and a request that audience members refrain from applause and all other extraneous remarks and cooperate to maintain an orderly meeting.

2.

A request that individuals intending to make a comment in support or opposition to any of the matters take a seat toward the front of the auditorium before the item they wish to address occurs on the agenda.

3.

A request that individuals provide their name and address for the public record when they come to the microphone.

4.

Instructions for the placement of any maps, photos, or other items to be viewed by the commissioners.

5.

Notice that the clerk will be keeping time with ten minutes allocated for presentation in support and ten minutes in opposition and that questions from commissioners will not take away from presentation time.

E.

At least five calendar days prior to the first hearing on an application, any person wishing to speak in opposition to said application who has made campaign contributions aggregating $250.00 or more to a commissioner within the two-year period immediately preceding the filing of said application, must have provided a written disclosure of campaign contributions in accordance with O.C.G.A. Title 36, Ch. 66 (O.C.G.A. § 36-67A-1 et seq.). A similar disclosure is required of applicants and representatives of applicants at the time an application is filed.

F.

All hearings held by the Planning Commission and Board of Commissioners shall be conducted in accordance with the following rules of procedure:

1.

The Chairperson or presiding member of the Planning Commission or Board of Commissioners, as applicable, shall open a public hearing for each matter that requires a public hearing.

2.

The Chairperson or presiding member may call for a presentation by the Department that includes the recommendation of the Department and Planning Commission, if applicable, on each such matter. Following the Department presentation, the commissioners may ask the Department questions pertinent to the application.

3.

The Chairperson or presiding member shall then call for parties in interest on the matter who shall have privilege on the floor. The parties shall identify themselves by name, address and affiliation with any business or organization which would be relevant to the matter being considered.

4.

Proponents shall speak first; opponents shall speak second. All comments and questions from the parties in interest shall be directed to the commissioners. Proponents and opponents shall generally be provided ten minutes per side to present data, evidence, and opinions in support of their position. The Chairperson or presiding member shall have the power and discretion to expand the period of time for presentation if, in the Chairperson's or presiding member's judgment, circumstances surrounding the matter warrant such action and any such expansion is granted equally to the proponents and opponents. The applicant may request that any unused portion of the allotted time be reserved for rebuttal. In the event that there is more than one speaker per side, speakers must divide their time in order to complete their full presentation within the allotted time period.

5.

In the event that an official who represents a municipality or an agency of federal, state, or local government wishes to speak on an agenda item, such official representative may be heard at the time established on the agenda for such matter and subject to the time limits set by the Chairperson. Such time shall not reduce the time otherwise allotted to the proponents or opponents to present their public comments.

6.

Should the commissioners ask questions of an opponent, proponent or an official, the time taken to respond to questions will not take away from presentation time.

7.

The Chairperson or presiding member shall call for questions from the commissioners to the proponents or opponents immediately after their individual presentation and before moving to the next speaker.

8.

When the allotted public hearing time period is complete or there are no additional speakers to address the commissioners during the allotted time period and questions or comments by the commissioners have been concluded, the Chairperson or presiding member shall close the public hearing and call for a motion for action on the issue and a second of the motion. The Chairperson or presiding member shall then call for discussion of the matter and voting thereon.

9.

Once discussion has begun, no further comment or presentation shall be made by parties in interest unless a commissioner has a specific question for a party in interest or the Department, or the Chairperson or presiding member deems further comment to be appropriate or germane to the issues surrounding the matter.

10.

Authorized action by the Planning Commission and Board of Commissioners shall consist of any of the actions specified in this UDO.

G.

The rules of procedure governing public hearings shall be made available in written form to the public in the Department, the office of the Board of Commissioners and at public hearings.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-30.1Purpose. The purpose of a Special Use Permit is to provide a process for review of a use that is generally compatible with the use characteristics of a zoning district, but requires individual review of its location, design, height, intensity, configuration, and public facility impact to determine the appropriateness of the use for any particular site and its compatibility with adjacent uses.

270-30.2Authority. The Board of Commissioners shall take final action on applications for Special Use Permits in accordance with the procedures, standards, and limitations of the UDO. In order to accommodate these special uses, the Special Use Permit allows the Board of Commissioners to approve a special use on a particular parcel without changing the general zoning district. Such approval shall be subject to the requirements set forth in this UDO and any additional conditions deemed necessary to ensure the compatibility of the special use with the surrounding properties. All Special Use Permit applications shall be for a specific development proposal and use. The Special Use Permit shall not be used for securing early zoning for conceptual proposals which may not be undertaken for some time.

270-30.3Special Use Permit Procedure. The application and review process for a Special Use Permit, including all public notice and public hearing requirements and procedures, shall be the same as those contained in Section 270-20 and Section 270-25 herein. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the Director in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted. All application requirements must be satisfied as outlined in the Department's Procedures and Instructions for Rezoning, Change-in-Conditions, and Special Use Permit Applications.

270-30.4Staff Analysis and Recommendation. The Staff analysis and recommendation on each application for a Special Use Permit shall follow the same procedures as those contained in Section 270-20, herein. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to neighboring properties and the compatibility of the proposed use with its surroundings.

270-30.5Public Hearing Required. The public hearing process, impact analysis and application of the Standards Governing the Exercise of Zoning Power for a Special Use Permit shall be the same as those contained in Section 270-20, herein.

270-30.6Action by the Board of Commissioners. When considering a Special Use Permit application, the Board of Commissioners shall consider the policies and objectives of the Unified Plan and Future Development Map, particularly in relationship to the proposed site and surrounding area and shall consider the potential adverse impacts on the surrounding area, especially in regard to but not limited to traffic, storm drainage, impacts to the usability of adjacent and nearby properties, and compatibility of land use activities. Following its public hearing the Board of Commissioners may:

A.

Approve the proposed special use as presented;

B.

Approve the proposed special use with conditions;

C.

Deny the proposed special use in whole or in part;

D.

Deny the proposed amendment without prejudice, which means the action will not appear in any future staff case reports related to a zoning application impacting the property;

E.

Remand the matter back to the Planning Commission for reconsideration;

F.

Table final action to a future regularly scheduled business session or public hearing, or table the final action indefinitely.

270-30.7Special Uses Within or Accessory to a Dwelling. An application for a Special Use Permit in a residential zoning district where the use is proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements:

A.

The special use shall operate within the dwelling on the property or, if approved by the Board of Commissioners, in an accessory structure.

B.

The exterior character of the dwelling shall be preserved in its residential state and there shall be no outside evidence of the operation of the special use to the neighborhood, except for any accessory structure approved by the Board of Commissioners.

C.

The owner of the property or business shall occupy the property and shall operate any business associated with the special use.

270-30.8Change in Conditions or Modification of a Special Use Permit. Changes to the conditions or modification of an approved Special Use Permit shall be subject to the same application, review, and approval process as a new application, including the payment of relevant fees.

270-30.9Development of an Approved Special Use.

A.

The issuance of a Special Use Permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required. The Department shall not issue a Certificate of Occupancy for the specific use unless all requirements and conditions of the Special Use Permit have been fulfilled by the owner of the property.

B.

If an application is approved and a Special Use Permit is granted, all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions.

270-30.10Compliance with Special Use Permit Requirements. The Planning and Development Department shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions.

270-30.11Appeal of a Special Use Permit Decision. Appeals of a decision by the Board of Commissioners to approve or deny a Special Use Permit application may be taken in the manner provided by law.

270-30.12 Designated Official for Appeals. The County Attorney is hereby authorized to accept service of any appeal of a quasi-judicial decision on behalf of the Board of Commissioners, during normal business hours, at the regular offices of the County Attorney.

270-30.13 Concurrent Variances. In cases where an applicant is proposing a special use permit and where the applicant files an application to obtain a variance at the same time of filing an application for a special use permit, the variance application may be processed simultaneously. Granting of concurrent variances shall be subject to compliance with the applicable Standards Governing Exercise of the Zoning Power, as determined by Sec. 270-20.5.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-40.1 In adopting an amendment to the Official Zoning Map, or approving a Special Use Permit, the Board of Commissioners may impose special conditions which it deems necessary in order to make the requested action acceptable and consistent with the purposes of the district(s) involved and to further the goals and objectives of the Unified Plan.

270-40.2Such conditions shall:

A.

Only be valid if they are included in the motion approving the amendment for adoption;

B.

Be recorded in the Resolution of the Board of Commissioners if enacted pursuant to an amendment of the text of the UDO or the Official Zoning Maps.

C.

Be continually in effect, or for the period of time specified in the amendment.

D.

Be required of the property owner and all subsequent owners as a condition of their use of the property.

E.

Be interpreted and continually enforced by the Director in the same manner as any other provision of this UDO.

F.

Where any condition conflicts with a UDO requirement, the stricter requirement shall apply unless otherwise indicated in this UDO.

270-40.3Violations of Conditions. Notwithstanding any other remedies available in this UDO and under local and state law, violations of conditions imposed pursuant to this Section 270-40 shall be handled in accordance with Chapter 120.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-50.1 Once an application for an amendment to the Official Zoning Map, Change-in-Conditions, Special Use Permit, or Variance has been made, the applicant may withdraw such application without prejudice only until such time as the official withdrawal deadline published in the Public Hearing Schedule, maintained by the Department.

270-50.2 An application may not be withdrawn by an applicant or property owner under any circumstance after the official withdrawal deadline. Once past the published withdrawal deadline, all applications shall be considered by the Board of Commissioners or Zoning Board of Appeals, as appropriate, and shall receive final action, unless having been administratively withdrawn for cause by the Department.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

The following shall apply to the reapplication for a Zoning Map Amendment, Change-in-Conditions, Variance or Special Use Permit.

270-60.1 No application or reapplication for any zoning map amendment, Change-in-Conditions, or Special Use Permit affecting the same land or any portion thereof shall be acted upon within 6 months from the date of last action by the Board of Commissioners.

No application or reapplication for the same type of Variance affecting the same land or any portion thereof shall be acted upon within 6 months from the date of last action by the Zoning Board of Appeals.

270-60.2 Administrative variances, as outlined in Section 270-130, shall not be subject to this time lapse requirement.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-70.1Authority. The Zoning Board of Appeals shall have the authority granted by enabling ordinance approved by the Board of Commissioners of Gwinnett County, Georgia, on September 17, 1985, and as may be amended from time to time.

270-70.2Membership and Appointment. The Zoning Board of Appeals shall consist of five members residing within Gwinnett County, appointed by the County Commissioners of Gwinnett County. One member of the Zoning Board of Appeals may be a member of the Planning Commission. No other member of the Zoning Board of Appeals shall simultaneously hold any employment or elected office within the Gwinnett County Government which is inconsistent with his or her duties on the Zoning Board of Appeals.

270-70.3Terms of Office.

A.

The term of office of each member of the Zoning Board of Appeals shall be for one year, or thereafter until his successor is appointed and qualified. Members may be reappointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

B.

Members shall be removable for cause by the Board of Commissioners of Gwinnett County upon written charges and after a public hearing.

C.

Any member of the Zoning Board of Appeals shall be disqualified to act upon a matter in which the member has an interest.

270-70.4Officers. The Zoning Board of Appeals shall elect one of its members, other than the member of the Planning Commission, as Chairperson and one member as Vice-Chairperson. The Chairperson and Vice-Chairperson shall serve for one year or until reelected or until successors are elected. The Department shall serve as the Secretary of the Zoning Board of Appeals.

270-70.5Procedure. The Zoning Board of Appeals shall adopt rules of procedure. Meetings of the Zoning Board of Appeals shall meet on a regular schedule as determined by the Department and at the call of the Chairperson and at such other times as the members of the Zoning Board of Appeals may determine. The Chairperson or, in his absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses by subpoena.

270-70.6Powers of the Zoning Board of Appeals.

A.

The Zoning Board of Appeals shall have the following powers:

1.

To hear and decide appeals of determination made by the Director of Planning and Development in the enforcement of this UDO.

a.

In exercising the above powers, the Zoning Board of Appeals may, in conformity with the provisions of Title 2 of the UDO, reverse decisions or determinations from which the appeal is taken and, to that end, shall have all the powers of the Director from whom the appeal is taken and may issue or revoke or direct the issuance or revocation of a Building or other permit.

2.

To authorize variances from the terms of Title 2 and applicable sections of Title 3 of the UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-80.1Appeals to the Zoning Board of Appeals may be taken by any person aggrieved by any decision of the Director.

A.

Such appeal shall be taken within 15 days after the written decision of the Director by filing with the Department and Director a Notice of Appeal specifying the grounds thereof.

B.

The Director shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

C.

A public hearing shall be held by the Zoning Board of Appeals within 60 days of the receipt of an appeal.

270-80.2 An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director certifies to the Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed other than by the Zoning Board of Appeals or by a restraining order granted by a court of record on application and notice to the Director for good cause shown.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-90.1Authority. Unless otherwise provided for in the UDO, the Zoning Board of Appeals shall have authority to grant variances from the requirements of Title 2, and applicable standards in Title 3, in accordance with the standards and procedures as set forth in this UDO.

270-90.2 The purpose of a variance is to provide a mechanism when, owing to special conditions, the strict application of the UDO would impose on a landowner exceptional and undue hardship that can be mitigated without conferring on the applicant special privilege.

270-90.3Initiation. A written petition for a variance is to be initiated by the owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property for which relief is sought. Applications shall be filed on forms and with required exhibits as provided by the Department and shall not be considered accepted unless complete in every respect.

270-90.4Application Procedures. An application for a variance shall be filed with the Department, accompanied by a non-refundable fee, as established from time to time by the Board of Commissioners, to defray the actual cost of processing the application. The application shall be in such form and shall contain at a minimum the following information and documentation:

A.

Name, address, telephone number, and email address of owner(s) and applicant, if not owner.

B.

Legal description, street address, lot number and subdivision name, if any, of the property that is the subject of the application.

C.

The size of the subject property.

D.

The purpose for the requested variance, and a statement of the intended development of the property if the variance is granted.

E.

The specific provision of Title 2 from which a variance is requested.

F.

A statement explaining how the proposed variance is consistent with the general spirit and intent of Title 2 of the UDO and the Unified Plan.

G.

Any other requirements requested by the Department.

270-90.5Staff Report. The staff of the Department shall conduct a site inspection and shall prepare an analysis of each application for variance. The staff report shall be presented in written form to the Zoning Board of Appeals at least 7 days prior to the scheduled hearing date.

270-90.6Public Hearing Procedures.

A.

Before the Zoning Board of Appeals acts upon an application for a Variance, it shall hold a public hearing thereon.

B.

The notice of the time, place and purpose of such hearing shall be published at least thirty days prior to the hearing in the official organ/of the County. Written notice of the time, place and purpose of the hearing shall also be mailed to the owner of the property that is the subject of the application at least thirty days prior to the hearing. At the hearing, any party may appear in person or by agent or attorney.

C.

In addition, a sign shall be erected in a conspicuous place on the property which shall contain information as to the Variance applied for and the time and place of hearing.

D.

The rules of procedure of meetings are as follows:

1.

The Chairman shall call the matter before the Zoning Board of Appeals.

2.

The Chairman shall then call parties in interest that shall have privilege on the floor after appearing before the Zoning Board of Appeals and identifying themselves by name, address, and affiliation with any business or organization, which would be relative to the matter being considered.

3.

Proponents shall speak first, and opponents shall speak second. All comments and questions from the parties in interest shall be directed to the Zoning Board of Appeals. Neither proponents nor opponents shall generally have more than five (5) minutes total to present their interest and the Chairman shall have the power to restrict or expand the period of time for presentations if, in his or her judgment, circumstances surrounding the matter may warrant such action.

4.

The Chairman shall call for questions from the Zoning Board of Appeals to the proponents or opponents immediately after their individual presentations.

5.

The Chairman shall then call for discussion of the matter by the Zoning Board of Appeals and the voting thereon. Once discussions by the Zoning Board of Appeals has been called for, no further comment or presentation shall be made by parties in interest unless a Zoning Board of Appeals member has a specific question for a party in interest, or the Chairman deems further comment to be appropriate and germane to the issues surrounding the matter before the Zoning Board of Appeals.

6.

All items on an advertised agenda for a public hearing shall be heard on the scheduled date except, if in the judgment of a majority of the Zoning Board of Appeals members, specific circumstances surrounding the matter warrant the continuance of the hearing on the matter to a specific future date and time.

7.

The Zoning Board of Appeals may table a vote on a specific matter to a specified future date and time after a public hearing.

270-90.7Standards for Granting Variances.

A.

Granting Variances. The Zoning Board of Appeals shall not grant a variance unless evidence is presented supporting conclusions that the variance meets one or more of the following criteria:

1.

Arises from a condition that is unique and peculiar to the land, structures and buildings involved.

2.

Is necessary because the particular physical surroundings, the size, shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupants; as distinguished from a mere inconvenience if the provisions of the UDO are literally enforced.

3.

The condition requiring the requested relief is not ordinarily found in properties of the same zoning district as the subject property.

4.

The condition is created by the regulations of the UDO and not by an action or actions of the property owner or the applicant.

5.

The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety or substantially diminish or impair property values within the neighborhood.

6.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures.

7.

The variance desired will not be opposed to the general spirit and intent of Title 2 of the UDO or the purpose and intent of the Gwinnett County Unified Plan.

B.

No variance shall be authorized to:

1.

Allow a structure or use not authorized in the applicable zoning district.

2.

Allow a density or intensity of development that is not authorized within such district.

3.

To decrease the minimum lot size authorized by the applicable zoning district.

4.

Allow any variance that conflicts with or changes any requirement enacted as a condition of zoning or of a Special Use Permit by the Board of Commissioners.

5.

Permit the expansion or enlargement of any non-conforming use of land, non-conforming use of land and buildings in combination, non-conforming use of land and structures in combination, or non-conforming use requiring a Special Use Permit.

6.

Permit the re-establishment of any non-conforming use of land, non-conforming use of land and buildings in combination, non-conforming use of land and structures in combination, or non-conforming use requiring a Special Use Permit where such use has lapsed. C. The Zoning Board of Appeals may attach reasonable conditions to a variance when necessary to prevent or minimize adverse impacts upon property or the environment.

270-90.8 Standards for Considering Appeals of Administrative Decisions. In considering whether to uphold an administrative decision, the Zoning Board of Appeals shall consider the following criteria:

A.

Whether the official acted within the scope of their authority.

B.

Whether the decision was based on an erroneous finding of material fact.

C.

Whether the decision was based on the standards set forth in this UDO and whether the standards were properly applied or the official making the decision acted in an arbitrary manner in making the decision.

D.

Whether the official adhered to the plain language of this UDO in making the decision, or if the language is determined to be ambiguous, whether or not the decision satisfies the intent of this UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-100.1Requirements. It shall be the responsibility of an applicant seeking relief to present facts and evidence to explain how the proposed appeal or variance is consistent with the general spirit and intent of the UDO.

270-100.2Review. It is the duty of the Zoning Board of Appeals to review such facts and evidence in light of the intent of the UDO to balance the public health, safety, and general welfare against the injury to a specific applicant that would result from the strict application of the provisions of the UDO on the applicant's property.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-110.1 Any person or persons seeking an appeal from a final decision of the Zoning Board of Appeals shall appeal to Superior Court in the manner provided by law.

270-110.2 Appeals from a final decision of the Department made pursuant to the provisions of Section 270-90 shall be to the Zoning Board of Appeals in accordance with Section 270-110. Decisions made by the Zoning Board of Appeals shall be final. All Appeals of decisions made by the Zoning Board of Appeals shall be made pursuant to Section 270-120.1.

270-110.3 The Director of Planning and Development or designee is hereby authorized to approve or issue any form or certificate necessary to perfect any petition described in Title 5 of the Official Code of Georgia Annotation for review of lower judicatory bodies and is further authorized to accept service of any such petition on behalf of the Zoning Board of Appeals, during normal business hours, at the regular offices of the Department. The County Attorney is hereby authorized to accept service of an appeal to a decision of the Zoning Board of Appeals on behalf of the Zoning Board of Appeals, during normal business hours, at the regular offices of the County Attorney

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

270-120.1 The Director shall have the power to grant variances from the certain development standards as established in Title 2 of the UDO where, in his/her opinion, the intent of the ordinance can be achieved, and equal performance obtained by granting a variance.

270-120.2 The authority to grant such variances shall be limited to variances from the following requirements:

A.

Required Minimum Front Yard Setback for a Principal Structure - variance not to exceed 10 feet.

B.

Required Minimum Side Yard Setback for a Principal Structure - variance not to exceed 5 feet. No side yard setback shall be reduced to less than 5 feet.

C.

Required Minimum Rear Yard Setback for a Principal Structure - variance not to exceed 10 feet. No rear yard setback shall be reduced to less than 5 feet.

D.

Required Minimum Lot Width - variance not to exceed 10 percent of the minimum required lot width.

E.

Required Maximum Lot Coverage - variance not to exceed 5 percent of the maximum required lot coverage.

F.

Required Minimum Side Yard or Rear Yard Setback of an Accessory Structure (including Accessory Dwelling Units) - variance not to exceed 5 feet. No setback shall be reduced to less than 5 feet.

G.

Minimum Road Frontage - variance not to exceed 10 feet.

H.

Maximum Fence Height - variance not to exceed 1 foot in the front yard, 2 feet in any other yard, and up to 3 feet in one yard on a corner lot with two front yard setbacks.

I.

Maximum Retaining Wall Height - variance not to exceed 2 feet in the front yard within 10 feet of a front property line.

J.

Reduction in Minimum Parking per Section 240-30.

K.

Reduction in the Minimum Number of Off-Loading Spaces - variance not to exceed 1 space. At least 1 off-street loading space shall be provided.

L.

Maximum Building Height - variance not to exceed 5 feet.

M.

Zoning Buffers - variance not to exceed 25 percent of the minimum required buffer width.

270-120.3Application Procedures.

A.

Application form and Documentation. Applications for administrative variances shall be in such a form and contain such information and documentation as shall be prescribed by the Department, but shall contain at least the following:

1.

Name and address of the applicant.

2.

Legal description of the subject property.

3.

Size of the subject property.

4.

A statement of the hardship imposed on the applicant by the UDO and a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.

5.

A non-refundable application fee shall accompany the application, as established from time to time by the Board of Commissioners, to defray the actual cost of processing the application.

B.

Standards for Issuance of Administrative Variances. In deciding whether to grant an application for an Administrative Variance, the Department shall consider all the applicable standards provided in Title 2 and Title 3 of the UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 29), 9-26-2023)

TITLE 3: DEVELOPMENT & PERMITTING