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Gwinnett County Unincorporated
City Zoning Code

CHAPTER 300

General Provisions

Section 300-10.- Purpose.

300.10.1 Title 3 of this UDO establishes procedures and standards related to the development and subdivision of land. This Title is designed to facilitate adequate provision for water, sewer, stormwater management facilities; for the dedication of rights-of-way or easements for streets and utility purposes; to facilitate the further subdivision of larger tracts into smaller parcels of land; and to provide proper land records for the convenience of the public and for better identification and permanent location of real property boundaries. This Title is also designed to protect and enhance the quality of the natural environment of the County by encouraging the preservation and protection of significant existing trees; assisting in the natural control of solar heat; reducing the impact of development on the community's storm drainage system; assisting in soil conservation and flood control; reduction of air emissions and noise; conserving water supply; and enhancing the visual and aesthetic appearance of the community.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 30), 9-26-2023)

Section 300-20. - Relationship to Existing Ordinances.

300-20.1 Whenever there is a discrepancy between minimum standards or dimensions required in this Title and those contained in zoning regulations, building codes, or other official regulations or resolutions, the most restrictive shall apply. In those instances where development standards for a parcel of land or a specific project have been lawfully and explicitly established as a condition of approval for a rezoning, variance, permit, or other formal action by the Board of Commissioners, the Zoning Board of Appeals, or any other authorized body, the requirements of such conditions shall control.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 30), 9-26-2023)

Section 300-30. - Modifications, Waivers, and Appeals.

300-30.1Modifications. Modifications of the design standards set forth in Chapters 350 through 380 the standard drawings as described in Section 1.0 of the Appendix may be authorized by the Director in specific cases when, in his or her opinion, undue hardship may result from strict compliance; provided any such determination shall be based fundamentally on the fact that unusual topographical or other exceptional conditions require such modification, or that the granting of the modification will not adversely affect the general public welfare or nullify the intent of these standards or regulations. Any such modification granted by the Director shall be made in writing to the applicant and made a part of the Department's records. Application for any modifications shall be filed in writing with the Director by the applicant on a form provided by the Department with necessary supporting documents and application fees as established by the Board of Commissioners and shall explain in detail the reasons and facts supporting the application.

300.30.2Waivers. Waiver requests of all other requirements of Title 3 of the UDO shall be submitted on an application form as prescribed by the Director, along with such fees as shall be established by the Board of Commissioners. When considering waivers, the Board of Commissioner's shall consider whether undue hardship may result from strict compliance; provided any such determination shall be based fundamentally on the fact that unusual topographical or other exceptional conditions require such modification, or that the granting of the waiver will not adversely affect the general public welfare or nullify the intent of these standards or regulations. The Director shall coordinate the review of each waiver with all other affected County departments and shall summarize such comments or recommendations as may be received to the Board of Commissioners for action in their normal course of business. Exception: waiver requests from the stormwater requirements of Title 3 shall be submitted to the Board of Construction Adjustments and Appeals for action in their normal course of business.

300-30.3Appeals. Appeals of the interpretation by the Director of the requirements of Title 3 of the UDO and of the standard drawings as described in Section 1.0 of the Appendix shall first be submitted in writing on a form provided by the Department to the Director who shall review the request in a timely manner and receive comments from other affected county departments. The appeal thereupon shall be forwarded to the Board of Commissioners for final action in their normal course of business. Exception: appeal requests from the stormwater requirements of Title 3 shall be submitted to the Board of Construction Adjustments and Appeals for action in their normal course of business.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 30), 9-26-2023)

Section 300-40. - Stop Work Orders.

300-40.1 Stop work orders may be issued for violations of Title 3 of this UDO as provided in this UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 30), 9-26-2023)

Section 300-50. - Activities Limited to Permit Authorization.

300-50.1 Development activities shall be limited to those as authorized by the applicable permit and as may be further restricted by conditions of approval pertaining thereto attached by the Department or other department or agency as may have authority or jurisdiction over said activities in whole or in part.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 30), 9-26-2023)

Section 300-60. - Additional Information Requirements for Development on Properties with Riparian Buffers.

300-60.1 Any permit applications for property requiring riparian buffers and/or setbacks must provide additional information as indicated in this UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 30), 9-26-2023)