1001-1. Applicability. Public hearings by the Planning Commission and City Council required by this Article with regard to rezoning requests (amendments to the official zoning map), amendments to an overlay district boundary, applications for Special Use Permits (SUP), and changes in conditions of zoning (CIC) shall be called and conducted in accordance with the procedures of this section.

1.

No 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.

2.

The planning commission shall call and conduct its public hearings in accordance with this section, and this section shall in such cases be interpreted accordingly.

3.

Nothing in this section shall be construed as prohibiting a presiding officer or hearing body from conducting a public hearing in a fair, orderly, and decorous manner.

1001-2. Planning Commission. The Planning Commission shall have all the powers, duties, and responsibilities set forth by state law, City Charter, and this Zoning Ordinance. The Planning Commission shall be advisory in nature and will review all matters before them in full recognition of the criteria set forth in the Georgia Zoning Procedures Law. The Planning Commission shall make appropriate recommendations for approval, approval with conditions, or denial to the Mayor and City Council for their consideration and final action.

1.

Planning Commission membership and terms.

a.

The Planning Commission shall consist of five members, who shall be residents of the city, each recommended by a member of the City Council and appointed by the Mayor.

b.

Any vacancy in membership shall be filled for the unexpired term in the same manner as the initial appointment.

c.

The terms of the members shall be for one year starting in January of each year. Members are eligible for reappointment.

d.

The Planning Commission shall elect its chair and vice-chair from among its members at the first regularly scheduled meeting of the year. The chair and vice-chair shall serve for one year or until they are re-elected, or their successors are elected.

e.

The Planning Commission shall appoint a secretary, who may be a member of the board or an employee of the city.

f.

The Mayor and Council shall have the authority to revoke the appointment of a member of the Planning Commission prior to the expiration of their term if the member is unable to serve or not willing to complete the required training, or review cases according to established criteria.

2.

Planning Commission rules and standards.

a.

The Planning Commission members shall be required to attend orientation and obtain basic training in the fields of planning and zoning procedures within six months of appointment (i.e., the Community Planning Program offered by the University of Georgia's Carl Vinson Institute or similar training approved by the City Manager and/or his/her designee.)

b.

The Planning Commission shall determine the time, place, and day of its regular meetings annually, immediately following appointments of board members.

c.

All meetings of the Planning and Zoning Board at which official action is taken shall be open to the public.

d.

All records of the Planning and Zoning Board shall be a public record.

e.

In reviewing text amendments to the Zoning Ordinance, the Planning Commission will make recommendations based on the standards prescribed in subsection 1002-4. Referral to and recommendation by planning commission.

f.

In reviewing map amendments to the City of Lilburn Zoning Map, the Planning Commission will make recommendations based on the zoning standards prescribed in subsection 1003-7. Criteria for amendments to official zoning map.

g.

In reviewing requests to for a Special Use Permit, the Planning Commission will make recommendations based on the standards prescribed in subsection 1003-8. Review of Special Use Permit applications.

3.

Appeals of Planning Commission recommendations. There are no appeals from this group's decisions as they are only a recommending body to the Mayor and City Council.

1001-3. Opening of the public hearing. The presiding officer shall indicate that a public hearing has been called on one or more applications made pursuant to this article, shall summarize the processes required by this article (or call on the director to summarize), and shall open the public hearing.

1.

The presiding officer shall call the first case and the city council shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the city council.

2.

The presiding officer may at his or her discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, and/or when proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications.

1001-4. Report of planning department. Upon opening the public hearing, the presiding officer may recognize the director, who may provide a summary of the application and present any recommendations or results of investigations.

1.

Unless a member of the planning commission is present and willing to speak for the planning commission on the subject application, the director may also summarize the recommendations made by the planning commission.

2.

Any member of the city council upon recognition by the presiding officer may ask questions of the director or planning commission representative providing a report or recommendations.

3.

The director and/or planning commission may be represented at the public hearing by written report in lieu of oral testimony.

1001-5. Identification of speakers. The Presiding Officer may ask each speaker to identify themself for the record. Those who live in or own property in the City of Lilburn will be given priority to speak. If all those who live in or own property in Lilburn who desire to speak have done so and time remains, the Council/Commission may hear from others.

1001-6. Applicant presentation and those who want to comment on the application. When an individual application comes up for hearing, the presiding officer may ask for a show of hands of those persons who wish to appear in opposition or in support of the application.

1.

If it appears that the number of persons wishing to comment in opposition or in support of the application is in excess of those who may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations.

2.

Following the report of the director or planning commission spokesperson, if any, the presiding officer shall recognize the applicant or his or her agent, spokesperson, or each of them, who shall present and explain the application.

3.

It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, morality or general welfare.

4.

There shall be a minimum period of ten minutes per application at the public hearing for the applicant and/or agent and anyone in favor of the application to present data, evidence, and opinions.

5.

There shall be a minimum ten minutes and equal time period per application for those opposed to the application to present data, evidence and opinions.

a.

The city council shall not be obligated to provide the full ten-minute period to the proponents or opponents if they elect not to use that much time, nor shall there be an obligation to provide a minimum of ten minutes per application in the event that more than one application involving the same property is heard simultaneously.

b.

An applicant or agent may reserve any remaining unused time from the allotted time period for rebuttal.

5.

Upon the completion of testimony or remarks by the applicant and/or applicant's agent and those speaking in opposition or in favor of the application, any member of the city council upon recognition by the presiding officer may ask questions of the applicant or agent of the applicant, or both, or any person speaking in opposition or in favor of the application. The time Council may take to ask and time to answer such questions shall be included in the time allotted for each group.

1001-7. Questions on the application. At the conclusion of the applicant's presentation and any testimony by others in favor of the application, the presiding officer may: (a) ask the director if present to answer questions posed by speakers; (b) answer such questions himself or herself; (c) recognize a member of the city council to make remarks or answer questions in response to such questions; or (d) defer questions to the applicant to be answered during rebuttal. The time Council may take to ask and time to answer such questions shall be included in the time allotted to the group's time.

1001-8. Response to questions. Upon the completion of testimony or remarks by those asking questions and/or speaking in opposition to the application, the presiding officer may: (a) ask the director if present to answer questions posed by speakers; (b) answer such questions himself or herself; (c) recognize a member of the city council to make remarks or answer questions in response to such questions; or (d) defer questions to the applicant to be answered during rebuttal. The time Council may take to ask and time to answer such questions shall be included in the time allotted to the group's time.

1001-9. Content of remarks. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his or her remarks only to the city council and not directly to the audience. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure.

1001-10. Applicant's rebuttal. Upon the conclusion of public testimony, if the ten minutes allotted to the applicant and those speaking in favor of the application has not been exhausted, the applicant or his or her agent, or both, shall be allowed the remaining time from the total ten minutes allotted to answer questions, rebut the testimony of speakers, and/or provide final comments and remarks.

1.

The time devoted to any such rebuttal shall be counted toward the total time allotted to the applicant if such a time limit is set by the presiding officer.

2.

Any member of the city council upon recognition by the presiding officer may then ask questions of the applicant, his or her agent, or both.

1001-11. Equal time. In no event shall this section be interpreted to, and in no case shall the presiding officer allow or permit, an unequal amount of time to proponents and opponents with respect to testimony regarding an individual application.

1001-12. Close of hearing. After the foregoing procedures have been completed, the presiding officer will close the public hearing and indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer be permitted to address the city council in any way, including hand waving or motions for attention; provided, however, that at any time considered appropriate the presiding officer may reopen the public hearing for a limited time and purpose.

1001-13. Decision. After the public hearing is closed, the city council may either vote upon the application or may table the application and delay its vote to a subsequent meeting, subject to the limitations of this article, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held.

1.

After hearing evidence, in making a decision, the city council will apply the evidence to the criteria specified in this article for the application in question and other considerations and recommendations as may be considered appropriate.

2.

If the city council determines from the evidence presented by the applicant that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the city council on its own initiative or as recommended by the director and/or the Planning Commission.

3.

Otherwise, such application shall be denied.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2023-603, Exh. A, 6-12-2023; Ord. No. 2023-613, Exh. A, 8-14-2023)

1002-1. Authority to amend. The city council may amend any article or section of this Zoning Ordinance subject to compliance with the requirements of this section.

1002-2. Authority to initiate. An application to amend this zoning ordinance may be initiated by the Planning Department, Planning Commission, or City Council.

In addition, any person, firm, corporation, or agency may initiate by application to the Director a proposal to amend the text of this zoning ordinance, provided said individual, firm, corporation, or agency is the owner or owner's agent of property in the city and the amendment sought pertains in some way to said property within the city.

1002-3. Application. Applications to amend the text of this zoning ordinance shall require submittal of an application fee, application form, and proposed text amendment in a form approved in advance by the Director. The Director shall waive the application fee required by this section when an application is initiated by the City Council, the Department, or the Planning Commission.

1002-4. Referral to and recommendation by planning commission. Upon receipt of a completed application for a text amendment, the Director shall refer the text amendment to the Planning Commission.

1.

The meeting at which the Planning Commission considers a text amendment shall be open to the public.

a.

The Planning Commission shall make a recommendation on the text amendment.

b.

The Planning Commission recommendation shall be made part of a public record.

2.

The Planning Commission recommendations shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate.

3.

The Planning Commission recommendation and any report shall upon publication be available upon request to the public.

4.

The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding on the City Council.

1002-5. Notice of planning commission and city council public hearing. At least 15 but not more than 45 days prior to the date of the public hearing before the Planning Commission or City Council, the Director shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the public hearing on the text amendment.

1.

The notice shall state the time, place, and purpose of the public hearing.

2.

The ordinance Article(s) or section of the proposed text amendment.

1002-6. Planning commission and city council public hearing and action. The City Council shall hold a public hearing on the text amendment as advertised and after review and recommendation by the Planning Commission.

1.

In the event that the Planning Commission has not made a recommendation and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule the public hearing for a day after which the Planning Commission's recommendation will be available.

2.

In rendering a decision on any such text amendment, the City Council shall consider all information supplied by the Director and the Planning Commission, any information submitted by the applicant, and any information presented at the public hearing.

3.

The City Council may approve or disapprove the proposed text amendment as written, or it may modify the proposed text amendment and approve it as modified. The City Council decision will be made part of the public record.

1002-7. Withdrawal. Any application for an amendment to the text of this Zoning Ordinance may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the director, up until public notice of the public hearing by the city council. When any application for a text amendment is initiated by a party other than the city council or the planning commission, no refund of the required application fee or portion thereof shall be made once the text amendment has been scheduled for public hearing.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2023-603, Exh. A, 6-12-2023)

1003-1. Authority to amend. The City Council may amend any boundary of a zoning map, any boundary of an overlay district as shown on the official zoning map, approve Special Use Permits or Change in Conditions of zoning subject to compliance with the requirements of this section.

1003-2. Authority to initiate. Applications for amendments of the maps of this Resolution may be initiated by resolution of the Mayor and City Council, or by motion of the Planning Commission. In addition, any person, firm, corporation, or agency may initiate by application addressed to the Mayor and City Council, submitted to the Director, an amendment to the official zoning map, any boundary of an overlay district, a Special Use Permit (SUP) or a Change in Conditions (CIC) provided said individual, firm, corporation, agency is the owner or owner's agent of the property involved in said application, or by a contract purchaser with the owner's written consent.

Applications for amendments of zoning conditions may be initiated by resolution of the Mayor and City Council.

1003-3. Application. Applications to amend the official zoning map or overlay district map, allow a Special Use or Change Conditions of zoning shall require submittal of an application fee, application form, and supporting materials specified by this section in advance by the Director unless initiated by City Council.

1.

No application described in this section shall be processed by the Director unless it is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this section.

2.

If an application described and regulated by this section does not comply with all the submission requirements of this section, the Director may reject the application and refuse to process it.

3.

The Director shall waive the application fee required by this section when an application is initiated by the City Council or the Planning Commission.

1003-4. Application requirements. If a proposed amendment is for the rezoning of property and involves a change in the zoning classification of a parcel, the granting of a Special Use or a Change in Conditions of zoning, then the application as specified in this section shall be processed by the Director according to the requirements of this section as follows:

1.

Application fee as established by resolution of the City Council;

2.

Application form furnished by the Director, including signed and notarized signature of property owner;

3.

Metes and bounds legal description of the property;

4.

Boundary survey plat of the property; provided, however, that where no survey is available the Director may, but is not obligated to, accept a map of the subject property from the Gwinnett County Tax Assessors or other reliable source;

5.

Letter of intent describing the proposed use of the property or other action requested, which may include any special conditions voluntarily made by the applicant as a part of the request. The applicant is also strongly encouraged to address the extent to which the application meets the criteria specified in this section for amendments to the official zoning map or overlay district map; and

6.

Site plan of the property and proposed development at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements. Site plans must show existing roads and streams, flood plains, existing and proposed buildings and structures, parking and loading areas as may be applicable, areas of existing vegetation or parts of the site to be landscaped, and other information as reasonably required by the Director.

1003-5. Referral to and recommendation by planning commission. Upon receipt of a completed application to amend the official zoning map or overlay district map, or to allow a Special Use Permit or Change in Conditions, the Director shall refer the application to the Planning Commission.

1.

The Director shall, with respect to each zoning proposal, investigate and make a recommendation with respect to each of the matters enumerated in section 1003-7. The Director shall make a written record of the investigation and recommendations, and this record shall be a public record.

2.

The meeting at which the Planning Commission considers the zoning application shall be open to the public.

a.

The Planning Commission shall make a recommendation to approve, approve with conditions, approve a different zoning classification, or deny the application.

b.

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

3.

The Director and Planning Commission recommendations shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate.

4.

The recommendation and any report shall upon publication be available upon request to the public.

5.

The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding on the City Council.

1003-6. Notice of planning commission or city council public hearing.

1.

At least 15 but not more than 45 days prior to the date of the public hearing before a Planning Commission or City Council hearing, the Director shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the public hearing on the application. The notice shall state the time, place, and purpose of the public hearing. If the application is initiated by a party other than the City Council or the Planning Commission, then in addition, notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

2.

Not less than 15 days and not more than 45 days prior to the date of the public hearing, the Director shall cause to be posted a sign containing date and time of public hearing(s) in a conspicuous location on the property or in the public right-of-way along frontage of the property.

3.

The City shall give notice of the proposed rezoning by regular mail to the property owner of record and to all abutting property owners of record as shown by City tax records.

a.

Such notice shall be mailed at least 15 days prior to the Planning Commission public hearing and shall include a description of the application and the date, time and place of public hearings.

b.

Notice deposited in the mail with adequate postage thereon and addressed to the last known address of the above-named property owners as shown on City tax records shall be deemed to be adequate compliance with the requirements of this section.

1003-7. Criteria for amendments to official zoning map. The Mayor and City Council find 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 the zoning power:

1.

Whether the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

2.

Whether the proposal will adversely affect the existing use or usability of adjacent or nearby property.

3.

Whether the property to be affected by the proposal has a reasonable economic use as currently zoned.

4.

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

5.

Whether the proposal is in conformity with the policy and intent of the comprehensive plan including the future development map and future land use plan map.

6.

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 proposal.

1003-8. Review of Special Use Permit applications. Consideration of a Special Use Permit application shall be evaluated using the following criteria, upon which findings of fact shall be based:

1.

Is the proposed special use consistent with the Comprehensive Plan?

2.

Is the proposed special use consistent with supplemental studies adopted by City Council, including Livable Centers Initiative (LCI) studies?

3.

Is the proposed special use compatible with adjacent uses?

4.

Is the proposed special use consistent with the stated purpose of the zoning district in which it will be located?

5.

Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

6.

Is the open space adequate to preserve the character of the area and mitigate environmental impacts?

7.

Are screening and buffers adequate to protect adjacent uses from negative impacts of the proposed use?

8.

Are off-street parking facilities adequate? Will they be properly located to reduce negative impact on surrounding property uses?

9.

Are the hours and manner of operation of the proposed use compatible with surrounding uses?

10.

Are there environmental resources or features which should be considered, for example, topography, special geological features, highly erodible soils, water runoff issues downstream, floodplain, wetlands, specimen trees, etc.?

1003-9. City council public hearing and action. The City Council shall hold a public hearing on the application as advertised and after review and recommendation by the Planning Commission.

1.

In the event that the Planning Commission has not submitted its recommendation and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule the public hearing for a day after which the Planning Commission's recommendation will be available.

2.

In rendering a decision on any such application, the City Council shall consider all information supplied by the Director and the Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for amendments to the official zoning map as prescribed in this section.

3.

The City Council may approve or deny the application as proposed, it may place conditions of approval on the application and approve the application with conditions, it may establish a time limitation for the duration of a Special Use to be permitted, it may deny the proposal in part, or it may table the proposal.

4.

The decision of the City Council shall be made a public record.

1003-10. Withdrawal. Any application for an amendment to the official zoning map or overlay district map, Special Use Permit or Change in Zoning Conditions may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Director, up until the date of the legal advertisement of the public hearing by the City Council.

1.

All applications, having been advertised, shall be considered by the Mayor and Council of the City, and shall receive final action.

2.

When any application is initiated by a party other than the City Council or the Planning Commission, no refund of the required application fee or portion thereof shall be made once the application has been scheduled for public hearing.

1003-11. Limitations on the frequency of filing applications. No application regulated by this section and affecting the same or any portion of property which was denied by the City Council shall be accepted for filing by a property owner until 12 months shall have elapsed from the date said application was denied by the City Council, unless such 12-month period is waived by the Mayor and Council. In such case, the same or any portion of property previously considered in a zoning map amendment which was denied by the City Council may not again be initiated until the expiration of at least six months immediately following the final decision rendered on the application by the City Council.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2020-551, Exh. A, 7-13-2020; Ord. No. 2022-596, Att. 1, 11-14-2022; Ord. No. 2023-603, Exh. A, 6-12-2023)

Editor's note— Ord. No. 2016-503, Exh. A, adopted June 13, 2016, repealed § 1004, which pertained to special uses (special use permit—SUP).

1005-1. Intent.

It is also the intent to allow the filing of applications for variance independently of any application.

It is also the intent of this section to permit the filing of an application for variance simultaneously with a rezoning, special use permit, or change in conditions of zoning, and have the concurrent variance and companion application(s) considered in the same cycle of review (i.e., "concurrent" variance application). Concurrent variances shall be considered and decided by mayor and council with the companion applications.

1005-2. Establishment of zoning board of appeals. A Zoning Board of Appeals is hereby created according to the following provisions:

1.

The Zoning Board of Appeals shall consist of five members residing within the City, appointed by the Mayor and Council of the City. Any member of the Zoning Board of Appeals shall be disqualified to act upon a matter in which the member has an interest.

a.

One member of the Zoning Board of Appeals may be member of the Planning Commission.

b.

No other member of the Zoning Board of Appeals shall hold any elected public office in the City.

2.

The term of office of each member of the Zoning Board of Appeals shall be for one year.

a.

Members may be reappointed.

b.

Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

c.

Member shall be removable for cause by the Mayor and Council of the City upon written charges and after a public hearing.

3.

The Zoning Board of Appeals shall elect one of its members, other than the member of the Planning Commission, as Chairman and a second one as Vice-Chairman. The Chairman and Vice-Chairman shall serve for one year or until reelected or until successors are elected. The Zoning Board of Appeals shall appoint a Secretary who may be an employee of the City or a member of the Board.

4.

The Zoning Board of Appeals shall adopt and publish rules of procedure. Except as specifically set forth in this Section 1005, such rules of procedure shall be consistent with those set forth in Section 1001 and comply with state law.

a.

Meeting of the Zoning Board of Appeals shall be at the call of the Chairman and at such other times as the members of the Zoning Board of Appeals may determine.

b.

The Chairman or, in his absence, the Vice-Chairman, may administer oaths and compel the attendance of witnesses by subpoena.

c.

The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact.

d.

The Zoning Board of Appeals shall keep records of its examinations and other official actions, all of which shall be a public record.

1005-3. Zoning board of appeals powers.

1.

To hear and decide appeals when it is alleged there is an error in any order, requirement, decision or determination made by the Director in the enforcement of this Zoning Resolution or the construction codes found under Section 105-20, Construction Appeals and the Zoning Board of Appeals.

2.

To authorize, upon appeal in specific cases, variances from the terms of the Zoning Resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the Zoning Resolution will, in an individual case, result in unnecessary hardship, so that the spirit of the Zoning Resolution shall be observed, public safety and welfare secured and substantial justices done. Such variances may be granted in individual cases of unnecessary hardship upon a finding by the Zoning Board of Appeals that:

a.

There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

b.

A literal interpretation of the provisions of this Article would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located, resulting in unnecessary hardship.

c.

Such conditions are peculiar to the particular piece of property involved.

d.

The special circumstances are not the result of any actions of the property owner.

e.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located.

f.

The requested variance will be in harmony with the purpose and intent of this Article and will not be injurious to the neighborhood or to the general welfare.

g.

The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the zoning district in which the development is located.

3.

To authorize, upon appeal in specific cases, variances from the construction codes to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this section or the construction codes or public interest, and also finds all of the following:

a.

Special conditions and circumstances exist which are peculiar to the building, structure, or service system involved and which are not applicable to others.

b.

The special conditions and circumstances do not result from the action or inaction of the applicant.

c.

Granting the variance requested will not confer on the applicant any special privilege that is denied by the construction codes to other buildings, structures, or service system.

d.

The variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system.

e.

The grant of the variance will be in harmony with the general intent and purpose of the construction codes and will not be detrimental to the public health, safety, and general welfare.

4.

In exercising the above powers, the Zoning Board of Appeals may, in conformity with the provisions of this Resolution, reverse decisions or determinations from which the appeal is taken and, to that end, assume 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.

1005-4. Pre-application conference encouraged. Applicants for variances are encouraged, but not required to schedule an applicant orientation meeting with the Director. An applicant orientation meeting is a time where applicants can seek a determination of the number and nature of variances required, familiarize themselves with the application requirements and processes, and gain preliminary input from staff as to the suitability of the proposed variance(s).

1005-5. Separate applications required when more than one section is requested to be varied. A separate variance application, and a separate fee, shall be required for each individual section of this Article for which a variance is requested or from which relief is sought.

1005-6. Regulations that cannot be varied. Variances shall not be granted to (a) minimum lot size requirements of a given zoning district; or (b) permit a use which is not permitted in the zoning district in pertaining to the subject property (i.e., a "use" variance).

1005-7. Application. Applications for a variance shall require submittal of an application fee, application form, and supporting materials specified by this section in advance by the Director.

1005-8. Application requirements. No application specified in this section shall be processed by the Director unless it is found to be complete by meeting the requirements of this section as follows:

1.

Application fee as established by resolution of the City Council;

2.

Application form furnished by the Director, including signed and notarized signature of property owner;

3.

Metes and bounds legal description of the property;

4.

Boundary survey plat of the property; in the case where a building or structure was already constructed and requires a setback variance, the boundary survey shall include "as built" placement of the building or structure for which the setback is requested to be varied;

5.

Letter of intent describing the regulations to be varied (specific sections and the amount of numerical variation sought), and including analysis of how the proposed development compares favorably with one or more of the criteria for granting variances as established in this section;

6.

If pertaining to future development, a site plan of the property and proposed development shall be submitted at an appropriate engineering scale showing the proposed use and relevant information regarding the variance request. Site plans must show information as reasonably required by the Director.

1005-9. Required public hearings by the zoning board of appeals. A public hearing shall be held before the Zoning Board of Appeals acts upon an application for a Variance.

1.

At least 30 days prior to the date of the public hearing before the Zoning Board of Appeals, the Director shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the public hearing on the application. The notice shall state the time, place, and purpose of the public hearing. In addition, notice shall include the location of the property and the section(s) proposed to be varied.

2.

Not less than 15 days prior to the date of the public hearing, the City shall erect, in a conspicuous place on the property or in the right-of-way along the frontage of the property, a sign that shall contain information as to the Variance applied for, the date, time and place of hearing. Failure to erect and maintain the sign as specified above shall not invalidate the subsequent determination of the Zoning Board of Appeals.

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 Zoning Board of Appeals. Written notices must indicate the nature of the proposed use or activity and the date, time, place and purpose of the public hearing.

1005-10. Zoning board of appeals public hearing and action. The Zoning Board of Appeals shall hold a public hearing on the application as advertised and after review by the Director.

1.

At the hearing, any party may appear in person or by agent or attorney.

2.

In rendering a decision on any such application, the Zoning Board of Appeals shall consider all information supplied by the Director, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for variance approval as prescribed in this section.

3.

The Zoning Board of Appeals may approve or deny the application as proposed, or it may place conditions of approval on the application and approve the application with conditions.

1005-11. Withdrawal. Any application for variance may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Director, up until the public hearing by the City Council. No refund of the required application fee or portion thereof shall be made once the application has been scheduled for public hearing.

1005-12. Reapplication to the zoning board of appeals. If an application for a Variance is denied by the Zoning Board of Appeals, a reapplication for such Variance may not be made earlier that 12 months from the date of the original application, unless such 12 month period is waived by the Zoning Board of Appeals, and in no case may such an application or reapplication be reconsidered in less than six months from the date of last action by the Zoning Board of Appeals, as appropriate.

1005-13. Appeals from decisions of the zoning board of appeals. Any person or persons severally or jointly aggrieved by any decision of the Zoning Board of Appeals may present a petition for review to the Gwinnet County Superior Court.

1.

Such a petition for review to the Superior Court shall be as specified in the official Code of Georgia except, however, that the petition for review shall be filed within 30 days from the date of the decision of the Zoning Board of Appeals.

2.

Upon failure to file the petition for review within 30 days, the decision of the Zoning Board of Appeals shall be final.

3.

When a petition for review is filed, the Zoning Board of Appeals must be designated the respondent in the petition for review unless the city is the respondent in the petition for review. The secretary of the Zoning Board of Appeals 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 Zoning Board of Appeals, as respondent. Service upon the city as defendant may be upon the Mayor or as otherwise provided by law.

1005-14. Administrative variances. To allow minor deviation from certain standards of this zoning ordinance when special circumstances or conditions peculiar to the property exist, and the literal enforcement of this Code would result in undue and unnecessary hardship; and to provide the Director the authority to review, approve, deny, and render conditions to an administrative variance as necessary to accomplish the goals, objectives and policies of the Comprehensive Plan and this zoning ordinance, including, but not limited to, limitations on size, lot coverage, height, requirements for landscaping, buffering, and provisions of adequate ingress and egress.

1.

The Director, or, in his/her absence or at his/her request, the Zoning Board of Appeals, shall have the power to grant variances (except for density and use variance) from the development standards of this ordinance where, in its opinion, the intent of the ordinance can be achieved and equal performance obtained by granting a variance. If the matter is referred to the Zoning Board of Appeals by the Director, the matter shall be heard as set forth in this Section.

2.

The authority to grant administrative variances shall be limited to variances from the following requirements:

a.

Front yard or yard adjacent to public street—Variance not to exceed the greater of 25 feet or 50 percent of the established minimum.

b.

Side yard—Variance not to exceed the greater of five feet or 50 percent of the established minimum.

c.

Rear yard—Variance not to exceed the greater of ten feet or 50 percent of the established minimum.

d.

Lot coverage and rear yard coverage not to exceed 25 percent of requirement by unit type.

e.

Height—Variance not to exceed ten feet, provided that no increase in the height for a sign may be granted.

f.

Parking— Variance not to exceed 20 percent of the established minimum or maximum number of parking spaces.

g.

Tree Preservation - Variance requests that will accommodate the preservation of existing native tree(s) not to exceed 20 percent of required tree density units.

h.

Buffers- The dimensions of screening treatment of a buffer as required may be reduced by up to 50 percent where it is demonstrated that a planted buffer will achieve a greater desired effect or by up to 100 percent where the Comprehensive Plan recommends a more compatible land use on the neighboring property than that for which said property is actually zoned, or where the property owner adjoining the subject buffer is agreeable to the reduction; provided, however that no buffer required as a condition of zoning shall be modified administratively.

i.

Accessory structures may be administratively approved in side yards based on lot configuration and proposed location.

j.

Accessory structures may be administratively approved within the front yard - accessory structures may be allowed within the front yard of residential zoning districts provided all the following conditions are met:

(1)

The residentially-zoned property contains at least three acres.

(2)

The accessory structures are limited to a garage/carport, barn, storage building, or other similar structure.

(3)

The accessory structure is setback a minimum of 100 feet from right-of-way and located no closer than 20 feet to any side property line. If the accessory use is for animal quarters, no administrative variance may be granted and setbacks must be consistent with applicable ordinance.

(4)

The accessory structure shall be screened with walls, fences, or suitable landscaping so that it is not visible from the street.

3.

The Director may impose conditions in a development order for an administrative variance as necessary to accomplish the goals, objectives and policies of the Plan and this Code. Any violation of the variance or condition shall be a violation of this Code.

4.

Approval of a variance shall render a parcel of land, building or structure to be conforming.

a.

Use of the variance shall be limited to the exact dimensions and configuration of the parcel of land, building or structure as indicated on the site plan as submitted in the application.

b.

The parcel of land, building or structure may not be further expanded, except in accordance with the standards of the Code.

1005-15. Variances from the definition of the term "family". The Director shall have the power to hear and decide requests for variances from the definition of the term "family" if all persons who will occupy the residential dwelling are related by blood or marriage.

1.

To facilitate these administrative variances, the Director shall be authorized to develop procedures for consideration of such administrative variances.

2.

There shall be no fee for applications for administrative variances from the definition of the term "family".

3.

The zoning board of appeals shall have the power to hear and decide requests for variances from the definition of the term "family" when such requests are submitted by groups who are not all related by blood or marriage. Such variances may be granted in cases of unnecessary hardship upon a finding by the zoning board of appeals that:

a.

There are extraordinary or exceptional conditions pertaining to the group in question, and relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this resolution; and

b.

The residential dwelling contains at least 500 square feet of bedroom space;

c.

The residential dwelling is served by public water and sewer service;

d.

The residential dwelling is located on a lot having an area of at least one-half acre;

e.

The residential dwelling lot contains paved parking area of no less than 1,200 square feet.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2023-603, Exh. A, 6-12-2023)

1006-1. Intent. It is the intention of this section that all questions arising in connection with the administration, interpretation, and enforcement of this article by the director shall be presented first to the director, and that such questions if they cannot be resolved at the administrative level shall be presented to the zoning board of appeals on appeal from the decision of the director.

1006-2. Who may appeal. Any person who alleges there is an error in, or who is aggrieved by a decision of the director in the administration, interpretation, or enforcement of this article, may file an appeal with the director stating the grounds for such appeal.

1.

Appeals of administrative decisions may also be filed for consideration by any officer, department, or board or commission of the city, affected by any such administrative decision.

2.

The appeal application shall be filed within 30 days of the date of the final administrative decision.

3.

A fee shall be paid to the director at the time the notice of appeal is filed, as specified by resolution of the city council.

1006-3. Transmittal of application. Any appeal received and all papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted by the director to the zoning board of appeals for decision.

1006-4. Notice of zoning board of appeals public hearing. At least 30 days prior to the date of the public hearing before the zoning board of appeals, the director shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the public hearing on the appeal application. The notice shall state the time, place, and purpose of the public hearing. 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 Zoning Board of Appeals. Written notices must indicate the nature of the issue appealed and the date, time, place and purpose of the public hearing.

1006-5. Zoning board of appeals public hearing and action. The zoning board of appeals shall hold a public hearing on the application as advertised.

1.

In rendering a decision on any such application, the zoning board of appeals shall consider all information supplied by the applicant as specified in Section 1006-3 on the record.

2.

The zoning board of appeals may grant or deny the appeal, or it may place conditions of approval on the application and approve the appeal with conditions.

3.

The zoning board of appeals may, in conformity with the provisions of this resolution [ordinance], 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.

1006-6. Stay of proceedings. An appeal shall stay all proceeding 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 their opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise 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.

1006-7. Judicial review. Decisions by the zoning board of appeals with regard to appeals are final; provided, however, any person or persons, jointly or severally, aggrieved by any decision of the zoning board of appeals with regard to a decision on an appeal application under the terms of this section may file a petition for review in the Gwinnett County Superior Court. When a petition for review is filed, the Zoning Board of Appeals must be designated the respondent in the petition for review and the city the defendant in the petition for review. The secretary of the Zoning Board of Appeals 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 Zoning Board of Appeals, as respondent. Service upon the city as defendant may be upon the Mayor or as otherwise provided by law.

(Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2023-603, Exh. A, 6-12-2023)

1007-1. Intent. An administrative level review and approval process grants the planning department the authority to apply conditions which ensure compliance with Code requirements, time limitations, and established standards for certain uses which may be permanent or temporary in nature, but require establishment of such conditions to ensure compatibility with surrounding land uses.

1.

These uses shall require review and conditional approval by the Director prior to issuance of a CO, occupation tax certificate, building permit, or commencement of activity.

2.

Administrative conditional review and approval may also be utilized for applications that require only planning department approval of: minor corrections to tabular data, submittal of new, or additions to an existing approved site or subdivision plan.

1007-2. Applicability. Only the uses identified in Section 602 by a "C" shall require an administrative conditional review. This designation in Section 602 does not constitute an authorization of such use or an assurance that such use will be approved under this Code. Each proposed conditional use shall be evaluated by the director for compliance with the conditions as set forth in Section 603, supplemental conditions table, and/or Article 7 as appropriate, and the applicable district.

1007-3. Conditions. In approving a conditional use the director, may impose special conditions which it deems necessary in order to make the requested use acceptable and consistent with the purposes of the district(s) involved and to further the goals and objectives of the comprehensive plan.

1.

Such conditions may consist of:

a.

Setback requirements from any lot line;

b.

Specified or prohibited locations for buildings, parking, loading or storage areas or other land uses;

c.

Driveway curb cut restrictions;

d.

Restrictions as to what land uses or activities shall be permitted;

e.

Maximum building heights or other dimensions;

f.

Special drainage or erosion provisions;

g.

Landscaping or planted area which may include the location, type and maintenance of plant materials;

h.

Fences, walls, berms, or other buffering provisions or protective measures;

i.

Preservation of existing trees or other vegetation;

j.

Special measures to alleviate undesirable views, light, glare, noise, dust or odor; permitted hours of operation;

k.

Architectural style;

l.

A requirement that the existing building(s) be retained;

m.

A requirement that developers must build according to the site plans as adopted;

n.

A limitation on exterior modifications of existing buildings;

o.

Any other requirement that the director may deem appropriate and necessary as a condition of permitting a use within a designated district.

2.

Such conditions:

a.

Shall be in effect for the period of time specified by the director.

b.

Shall be required of the property owner as a condition of their use of the property.

c.

Shall be interpreted and continuously enforced in the same manner as any other provision of this resolution [ordinance].

d.

An occupation certificate, CO, building permit, building permit, or authorization for commencement of activity shall not be issued until final site, architecture and development plans required by such conditions have been approved by the director.

1007-4. Minor amendments to existing approved site or subdivision plan. The director shall have authority to make determinations for applications that may require the submittal of a new site plan, or propose minor changes to an existing approved site or subdivision plan, including tabular data. Typical amendments may include, but not be limited to the following:

1.

Change in sign location;

2.

Minor modifications to parking areas;

3.

Relocation of terminal islands to accommodate trees or utility lines;

4.

Proposed phase lines;

5.

Reduction or increase in building square footage;

6.

Relocation or transfer of building square footage;

7.

Alternative Landscape Plans and reduction in required plantings based on additional trees preserved or proximity to power lines or other obstructions;

8.

Proposed canopies;

9.

Minor revisions to lot lines to be consistent with a plat;

10.

Temporary sales trailers; and

11.

Other minor structures.

1007-5. Compliance. The following standards shall apply to all required administrative conditions:

1.

Compliance with the goals policies and objectives in the Comprehensive Plan.

2.

Compliance with the applicable property development regulations of the zoning district in which the use is located.

3.

Compliance with all applicable portions of this Code, including, but not limited, concurrency, parking, and landscaping.

4.

Utilization of the location, design, layout, access, and duration of the use to minimize potential adverse impacts on surrounding land uses.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

1008-1. Applicability. This section shall apply when an applicant (industry, business, or developer) requests some type of local government action related to a project, such as, but not limited to, a request for rezoning, zoning variance, permit, hookup to a water or sewer system, master or site plan approval, or entering into a contract, and it appears that the proposed development (or, for multi-phased projects, the complete development) meets the threshold(s) of a development of regional impact, according to "Rules of Georgia Department of Community Affairs, Chapter 110-12-3, Developments of Regional Impact," as may be amended from time to time.

1008-2. Jurisdiction. If a proposed development project is to be located in more than one jurisdiction and, in total, the proposed development meets or exceeds a DRI threshold, the local government in which the largest portion of the project is to be located is responsible for initiating the DRI review process.

1008-3. Procedures. The application procedures established in this article will be modified by this section in cases where a rezoning request or other application described in this article fits the definition of a "development of regional impact." Developments of regional impact will be processed according to procedures of the Georgia Department of Community Affairs as described in "Rules of Georgia Department of Community Affairs, Chapter 110-12-3, Developments of Regional Impact, as may be amended from time to time, including but not limited to the following:

1.

The city will not take any official legislative or administrative action to advance or further a DRI project until the review process identified under the DRI review procedure specified in "Rules of Georgia Department of Community Affairs, Chapter 110-12-3, Developments of Regional Impact," as may be amended from time to time, is completed.

a.

The city may undertake preliminary staff administrative functions associated with a proposed DRI including, but not limited to, project evaluation/assessment, site visits, and placing consideration of the application on a future agenda for formal action, if required.

b.

The city shall not take any official action related to such a project until the DRI review process is completed and the city has had adequate time to consider the DRI review comments.

2.

After the DRI review process is completed, the city may proceed with whatever action it deems appropriate regarding the proposed project, although it is encouraged to take the public finding and additional comments into consideration as it makes its decision.

3.

If the project receives a negative public finding from the Regional Commission and the city approves said project or takes action to advance said project, the city shall notify the Regional Commission and the Georgia Department of Community Affairs of its action and identify all local requirements it has placed on the development that could mitigate any negative findings identified in the DRI review process.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

This article is intended to comply with the provisions of the Georgia Zoning Procedures Law, O.C.G.A. § 36-66 et seq., which Act is incorporated by reference in its entirety into this article. Where any provision of this article is in conflict with any provision of the law, the law shall control. Or where this article is incomplete in having failed to incorporate a provision necessarily required for the implementation of the law, such provision of the law, so as to meet the mandate of the law, shall be fully complied with.