1.

Required. A development permit shall be required for any proposed use of land(s) or building(s), and before any improvement, grading or alteration of land(s) or building(s) commences to indicate and insure compliance with all provisions of this chapter and other applicable regulations in the City Code. Such development activities include, but are not limited to, clearing and grubbing, grading and/or land disturbance, and the construction of such improvements as streets, surface parking areas and drives, storm water drainage facilities, sidewalks, or other structures permanently placed on or in the property.

2.

Separate requirements for phased applications. If the tract is to be developed in phases, then a separate development permit shall be required for each phase.

3.

Exemptions. A development permit shall not be required for individual structures within approved subdivisions, nor shall a development permit be required for a detached, single-family dwelling on an individual lot not part of an approved subdivision or development.

4.

Application. No person shall conduct any land-disturbing or development activity within the city without first applying for and obtaining a development permit from the director, if required, to perform such activity.

5.

Application requirements. Applications shall be made in accordance with application requirements specified by the director and this section. All applications for a development permit shall be made to the director and shall be accompanied by the following:

(a)

Application on the form furnished by the director.

(b)

A fee as established by resolution of the city council.

(c)

A copy of the approved preliminary plat, if subdivision is required and preliminary plat approval has been obtained, or an application for preliminary plat approval if required.

(d)

A sufficient number (as approved by the director) of sets of plans drawn to scale, signed and stamped by one or more qualified professionals who have authority to produce such plans or portions thereof, with addresses and contact information.

(e)

Plans requiring or involving stormwater management facilities shall require the submittal of plans containing information specified in the city's stormwater management ordinance. Approval of a development permit containing information and requirements of said article shall constitute approval of the permit required by that chapter.

(f)

Plans involving land within a flood plain or flood hazard area shall require the submittal of plans containing information specified in the city's flood damage prevention ordinance. Approval of a development permit containing information and requirements of said article shall constitute approval of the permit required by that chapter.

(g)

Plans requiring a land disturbance permit shall require the submittal of plans containing information specified in the city's environment ordinance unless specifically exempted by the director from the submission of plans in accordance with said Ordinance. Approval of a development permit containing information and requirements of said article shall constitute approval of the permit required by that chapter, subject to other applicable agency approvals required by said chapter.

(h)

Plans involving land within a wetland shall require the submittal of plans containing information specified in the city's Wetlands Protection Ordinance.

(i)

Plans shall demonstrate compliance as applicable with the city's tree ordinance as well as tree maintenance guidelines and standards as applicable.

(j)

Development permit applications shall require the submission of plans and information specified in the city's subdivision and land development ordinance and shall demonstrate compliance therewith.

The application shall be checked for completeness at the time of submission. Incomplete applications will not be processed and will be returned to the applicant.

6.

Relationship to plat approval. An application for preliminary plat approval, when required by the City Code may be processed independently of, or in conjunction with, an application for issuance of a development permit. Applicants are cautioned, however, that the preliminary plat approval is discretionary with regard to compliance with the comprehensive plan and design requirements, and therefore, proceeding simultaneously with preliminary plan and development permit applications may result in the revision of engineering plans if the layout of the preliminary plat of the proposed subdivision must be modified.

7.

Relationship to site and design plan review. It is anticipated and expected that applicants will proceed more or less simultaneously in pursuing site and design plan approval as required by Article 11 of this Zoning Ordinance; however, no development permit shall be approved until site and design plan review, if required, is accomplished. A development permit applicant, if not ready to submit architectural details for buildings or structures, may divide the site and design plan review application process into a "site" application and "building" application, and seek only the site plan portion of the approval process required by Article 11 of this chapter, which shall be required to issue a development permit. The applicant may defer the "building" part of the site and design plan approval process until after the approval and issuance of a development permit.

8.

Agency and director review. The Director shall forward a copy of the Development Permit application, including the civil plans and drawings for the project, to other city departments or others as appropriate, for their review and comment. The applicant shall be required by the Director to secure development approval from other agencies if they are affected by (or have jurisdiction over) the development. Development approval may be required from, but is not necessarily limited to the following, as applicable: the city engineer, the city street and/or public works department, the soil and water conservation district with jurisdiction, the Gwinnett County Fire Department, the Gwinnett County Environmental Health Department, the Gwinnett County Planning and Development Department, the Gwinnett Department of Transportation, the Georgia Department of Transportation, the Georgia Department of Natural Resources, and the U.S. Army Corps of Engineers.

9.

Consolidation and submission of comments to applicant. Upon receipt of comments from the city and all other departments and external agencies as appropriate, the Applicant shall submit revised plans to reflect all such comments related to compliance with applicable city regulations and agency requirements.

10.

Issuance. All development permits shall be issued by the director who shall in no case grant any development permit for the use, construction or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of any of the provisions of this chapter or other applicable regulations of the city. The applicant shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all of the comments of reviewing city departments, external agencies, and the director. Although review may have been achieved, if another city department or external agency requires approval or a permit, the owner shall also be responsible for obtaining such approval or permit from all other agencies affected by the project prior to issuance of the development permit by the director.

11.

Denial. If the development permit is denied, the director shall state in writing the reason for the denial and the applicant shall be notified of the denial. A record of all development permits shall be kept on file in the office of the director which shall be a public record.

12.

Duration of validity. A development permit shall expire two years after its issuance, subject to the following provisions: if the work described in any development permit has not been begun within one year from the date of issuance thereof, said permit shall expire, and if work described in any development permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire. Application processes shall begin anew for any expired development permit.

13.

Suspension or revocation. The development permit may be suspended or revoked by the city, as to all or any portion of the land affected by the permit, upon finding that the holder or his or her successor in title is not in compliance with the approved development permit or is in violation of any applicable regulations in the City Code.

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

1.

The department is hereby authorized to issue building permits in accordance with all provisions of this chapter and relevant chapters of the City Code, but only after the director has issued a development permit, or if no development permit is required, after a review of said building permit for compliance with the provisions of this chapter and applicable regulations of the city.

2.

No building or other structure shall be erected, moved, extended, occupied, or enlarged, or structurally altered, nor shall a building or structure's use be changed, nor shall any excavation, grading, or filling of any lot for the construction of any building or structure be commenced until the building inspector has issued a building permit for such work in conformity with the provisions of this chapter and all applicable building and related codes.

3.

Approval of a building permit shall require an application to the department as specified in the minimum standard codes. If the building permit is denied, the building inspector shall state in writing the reason for the denial and the applicant shall be notified of the denial. A record of all building permits shall be kept on file in the office of the building inspector.

4.

Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within 180 days of its date of issue, or if the work authorized by it is suspended or abandoned for a period of six months.

5.

See the City Code for applicable provisions with regard to administration and enforcement of building permits and minimum standard codes, including reference to Chapter 1 of the International Building Code which shall govern specific procedures and submission requirements.

1.

A certificate of occupancy issued by the department is required in advance of occupancy or use, any building or structure hereafter erected, or a change in the use of an existing building or structure.

2.

A certificate of occupancy, either for the whole or part of a building or use, shall be issued within 72 hours after the erection or structural alterations of such building, or part, or use established, is completed. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter and applicable regulations of the city.

3.

If the certificate of occupancy is denied, the building inspector shall state in writing the reason for the denial and the applicant shall be notified of the denial. A record of all certificates shall be kept on file in the office of the building inspector.

4.

See the City Code for applicable provisions with regard to administration and enforcement of certificates of occupancy and minimum standard codes, including reference to Chapter 1 of the International Building Code which shall govern specific procedures and submission requirements.

1204-1.

Authority. The Planning Director or designee is hereby authorized to issue a temporary use permit for special temporary outdoor activities associated with: (1) holidays and seasonal events which are not intended to serve the primary use of the lot; (2) temporary outdoor retail sale of merchandise associated with an established business, and (3) limited outdoor display on site; which are held in open areas or within temporary structures in association with a temporary outdoor event, in accordance with all provisions of this article and relevant chapters of the City Code for temporary uses, and subject to the following requirements.

1.

Applicant shall be required to submit, as a condition of permit approval, a complete Temporary Use Permit application form provided by the department with supplemental documentation and fees established by City Council.

2.

Application shall include a dimensioned site plan or legal survey or scaled satellite map sufficient to clearly show:

a.

Parcel lines and parcel acreage;

b.

Striped parking spaces allocated to the activity or event on the parcel and within 800 feet as may be permitted by the Director;

c.

Distances of building to right-of-way and proposed use to right-of-way

d.

Proposed size and location of each temporary structure, display area, and mobile food vending unit relative to the dimension of the primary building or suite/tenant proposing the event, to demonstrate minimum disruption to other tenants and safe and orderly traffic and pedestrian circulation throughout the parcel;

e.

Linear dimension of existing building(s) and/or suite frontage;

f.

Square footage of building(s) and/or suite, whichever is applicable;

g.

Proposed outdoor conditions on a lot or parcel, including but not limited to the proposed areas of outdoor activity, temporary outdoor storage areas, proposed temporary signage and any other appurtenances or features requested by the director or designee in order to properly consider the application.

3.

Written permission from the property owner shall be obtained and submitted by the applicant to the department prior to issuance of a temporary use permit. Other written documentation as may be required by section 731 of the zoning ordinance must also be submitted at the time of the application.

4.

A valid occupation certificate shall be required of the applicant in conjunction with the temporary use permit.

5.

All approvals, permits, or licenses granted under this section must be displayed in a conspicuous manner on the premises at all times for inspection by the city or duly authorized city representatives.

1204-2.

Findings and approval. The application for temporary use permit for temporary outdoor retail display or temporary outdoor seasonal events and activities may be approved provided that the director shall find that the following conditions exist:

1.

That there are special circumstances or conditions applying to the business activity in question that are peculiar to such business, and warrant the approval of a temporary use permit.

2.

That the location and siting of the temporary outdoor activity and/or display would be substantially and materially compatible and in scale with uses permitted in the zoning district.

3.

That the proposed temporary use or activity is consistent with the standards and regulations of Article 7 of the city's zoning ordinance.

4.

That the proposed temporary use would provide for an orderly activity within the community in general and the surrounding property in particular.

5.

That the temporary use permit approval would not impair the rights of others or devalue the surrounding property.

6.

That the applicant demonstrates the proposed activity does not violate other city, county, state or federal regulations or ordinances regarding the requested use and the applicant has obtained all necessary approvals from any governmental agency with jurisdiction over said use; and

7.

The director finds that the proposed temporary seasonal, retail sales display, or other temporary outdoor event or activity would not adversely affect the health, safety, morals, convenience and general welfare of the residents of the city.

8.

The applicant shall by the execution of the application form acknowledge that the approval of an application for a temporary use permit grants a temporary license which may be denied, suspended, or revoked for any conduct in violation of this section or for the operation of the business the temporary use of the property in a manner which creates a public nuisance or otherwise violates any other ordinances or laws.

(Ord. No. 2022-585, Exh. A, 5-9-2022)