A Zoning Board of Appeals is hereby created.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

The Zoning Board of Appeals shall consist of seven (7) members residing within the City of Peachtree Corners, appointed by the City Council. No other member of the Zoning Board of Appeals shall simultaneously hold any employment or elected office within the City of Peachtree Corners Government, which is inconsistent with his or her duties on the Zoning Board of Appeals, except that members may also be members of the Planning Commission.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2025-01-307, § 1, 2-25-2025)

The term of office of each member of the Zoning Board of Appeals shall be for one (1) year, or thereafter until his/her successor is appointed. Members may be reappointed. Any vacancy in the membership shall be filled for the unexpired term, in the same manner as the initial appointment. Members shall be removable for cause by the City Council of City of Peachtree Corners upon written charges and after a Public Hearing.

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

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

The Zoning Board of Appeals shall elect one (1) of its members as Chairman and a second one as Vice-Chairman. The Chairman and Vice-Chairman shall serve for one (1) 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.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2025-01-307, § 1, 2-25-2025)

The Zoning Board of Appeals shall adopt rules of procedure. Meetings 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. The Chairman, or in his/her absence, the Vice-Chairman, may administer oaths and compel the attendance of witnesses by subpoena.

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

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

The Zoning Board of Appeals shall have the following powers:

1.

To hear and decide requests for the Special Exceptions of the Zoning Resolution upon which the Zoning Board of Appeals is required to pass.

2.

To authorize, upon appeal in specific cases, such 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 justice done. Such variances may be granted in such individual cases of unnecessary hardship upon a finding by the Zoning Board of Appeals that:

A.

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

B.

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

C.

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

D.

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

E.

Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this Resolution.

No variance may be granted for a use of land or building or structure that is prohibited by this Resolution or which would result in a greater intensity of development on a property than would otherwise be allowed if no variance were involved.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2025-01-307, § 1, 2-25-2025)

The City Council shall have the power to hear and decide requests for variances from the definition of the term "Family" by Special Use Permit when such requests are submitted by groups of more than three (3) persons who are not all related by blood or marriage. Such variances may be granted in cases of unnecessary hardship upon a finding by the City Council 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 group consists of between four (4) and eight (8) persons who live together as a single housekeeping unit and who would otherwise find it economically prohibitive to live in a group of three (3) or fewer persons in a single-family residential district; and

C.

The residential dwelling which forms the subject of the variance request contains at least eighty (80) square feet of bedroom space per occupant; and

D.

The residential dwelling which forms the subject of the variance request is served by public water and sewer service or public water and a septic system approved by the Gwinnett County Environmental Health Department for the proposed number of occupants; and

E.

The residential dwelling which forms the subject of the variance request is located on a lot having an area of at least one (1) acre; and

F.

The residential dwelling lot which forms the subject of the variance request contains a paved parking area of no less than 1,200 square feet.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Appeals to the City Council may be taken by any person aggrieved or by any official of the City of Peachtree Corners affected by any decision of the Community Development Director. Such appeal shall be taken within fifteen (15) days after the decision appealed from by filing with the Community Development Director and with the City Council, a Notice of Appeal specifying the grounds thereof. The Community Development Director shall forthwith transmit to the City Council all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Community Development Director certifies to the City Council 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 otherwise than by the City Council or by a restraining order granted by a court of record on application, and notice to the Community Development Director for good cause shown.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2025-01-307, § 1, 2-25-2025)

Editor's note— Ord. No. 2025-01-307, § 1, adopted February 25, 2025, amended the title of § 1606 to read as herein set out. The former § 1606 title pertained to Appeals to the Zoning Board of Appeals.

Before the Zoning Board of Appeals acts upon an application for a Variance or a Special Exception, it shall hold a Public Hearing thereon. The notice of the time and place of such hearing shall be published at least 30 days prior to the hearing in the official organ of the City. At the hearing any party may appear in person or by agent or attorney.

In addition, the City shall erect in a conspicuous place on the property involved, a sign which shall contain information as to the Variance or Special Exception applied for and the time and place of Hearing. Said sign shall be erected in accordance with the City of Peachtree Corners Public Notification Policies for Rezoning, Special Use Permit, Variance, and Special Exception Applications. Failure to erect and maintain the sign as specified above shall not invalidate the subsequent determination of the Zoning Board of Appeals.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2025-01-307, § 1, 2-25-2025)

If an application for a Special Exception or Variance is denied by the Zoning Board of Appeals, a reapplication for such Special Exception or Variance may not be made earlier than 12 months from the date of the original application, except as provided in Section 1701.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Any person or persons severally or jointly aggrieved by any decision of the Zoning Board of Appeals may present an Appeal to the Superior Court. Such an Appeal to the Superior Court shall be by Petition for Writ of Certiorari in accordance with State Law.

On Appeal, the case shall be heard by the Judge of the Gwinnett County Superior Court without a jury unless one (1) of the parties files a written demand for a jury trial within thirty (30) days from the filing of the Appeal.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

The City Manager or his/her designee shall have the power to grant variances (except for density and use variances) from the development standards of this ordinance where, in his/her opinion, the intent of the ordinance can be achieved and equal performance obtained by granting a variance. The application for such requests may require letters of support from any adjacent residential property owners, where applicable, (including those adjoining the front, sides and rear of the property in question). The authority to grant such variances shall be limited to variances from the following requirements:

a.

Front yard or yard adjacent to public street — variance not to exceed ten (10) feet.

b.

Side yard — variance not to exceed five (5) feet.

c.

Rear yard — variance not to exceed ten (10) feet.

d.

Height:

1.

Residential: Variance up to but not exceeding ten feet, provided that no increase in the height for a sign or fence, except as permitted in Section 1610.i below, may be granted nor may the variance result in an increase in the number of stories than would otherwise be allowed under the applicable zoning district.

2.

Non-residential: Variance up to but not exceeding 15 feet, provided that no increase in the height for a sign or fence may be granted nor may the variance result in an increase in the number of stories than would otherwise be allowed under the applicable zoning district.

e.

Buffers.

1.

The dimensions of a buffer between dissimilar districts as required under Section 606 of the City of Peachtree Corner Zoning Resolution may be reduced by no more than 50 percent where the Peachtree Corners Comprehensive Plan recommends a more compatible land use on the neighboring property than that for which said property is actually zoned, or in other situations where the intent of the required buffer can be equally or otherwise achieved; provided, however, that no buffer required as a condition of zoning shall be modified and the property owner requesting such reduction shall be responsible for installation and maintenance of an opaque fence or wall of at least six feet in height and landscaping consisting of double staggered rows of evergreen plantings which are at least six feet in height and spaced no more than 15 feet apart at the time of planting.

2.

The dimensions of a stream buffer as required under Section 18-50(a)(2) of the City of Peachtree Code of Ordinances may be reduced by no more than 50 percent and the property shall be developed in conformance with a plan submitted with the application for administrative variance. No additional impervious area beyond that granted by the approval of an application shall be permitted.

3.

Septic tanks and/or septic tank drain fields required under Section 18-50(a)(2) of the City of Peachtree Code of Ordinances may be placed within the stream buffer, subject to the City Manager or his/her designee's approval, if the applicant has demonstrated that no other feasible location exists on the property.

f.

Demarcation of parking spaces — parking spaces may be left unmarked, provided all the of the following conditions are present:

1.

The parking lot must be designated to serve only a multi-family residential project which is designed and intended for rental occupancy.

2.

The parking lots must be designed in relation to the internal circulation system such that the areas reserved for parking are easily identified and clearly distinct from the interior driveways because of their location, design, orientation, or configuration, such as in parking areas with a single interior driveway having parking spaces located perpendicular to and along the sides of the access driveway, allowing the curbing to delineate the exterior dimension of the single parking bay.

3.

Approval for the elimination of the striping has been obtained by the applicant in writing from the Gwinnett County Traffic Engineering Division of the Engineering Department and the Fire Services Division of the Gwinnett County Public Safety Department.

g.

Accessory structures allowed 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 swimming pool, garage/carport, barn, storage building, or other similar structures.

3.

The accessory structure is setback a minimum of 100 feet from the right-of-way and located no closer than 40 feet to any side property line. (If the accessory use if for animal quarters, this must be a minimum of 100 feet from any property line.)

4.

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

h.

Reduction in unit width for villas in R-TH Zoning District, not to exceed 10 feet. The Director of Planning and Development shall have the power to grant variances from the requirements of the amendment to the 2012 Zoning Resolution of City of Peachtree Corners Regarding the Keeping of Livestock and Household Pets Within Residential Zoning Districts, where, in his/her opinion, the intent of the amendment can be achieved and equal performance be obtained by granting a variance. Other than for conditions of zoning which specified a minimum area or distances for animal quarters, the Director of Planning and Development may grant the following variances:

1.

For livestock or cattery, a reduction of no more than 25 feet in the minimum distance to any property line.

2.

For Kennels and Fur Farms, a reduction of no more than 50 feet in the minimum distance to any property line.

3.

The minimum distance to any property line for any animal quarters may be further reduced when a property line abuts a Flood Hazard area, steep slopes, ravines or other features which would provide a separation between the animal quarters and the uses on abutting property equal to or exceeding the minimum requirements of the Zoning Resolution.

4.

The reduction of the minimum area required for the keeping of livestock as specified within the R-100 Single-Family Residence District up to maximum of ten (10) percent of the minimum area required.

5.

Reduction of the minimum distance to any property line for animal quarters for wild animals up to a maximum of 50 feet.

i.

Variance to allow for parking of a recreational vehicle in a location other than the rear yard may be permitted where such topographic and physical features render the rear yard location infeasible, but such approval shall be limited to the current property owner and shall expire upon sale of the property.

j.

Variances to the location, height and size of an otherwise permitted ground sign may be permitted where the topographic difference between the sign location and the adjacent public right-of-way creates a hardship. Variance to the size of an otherwise permitted wall sign may be permitted where excessive distance between the building and the public right-of-way creates a hardship.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2017-10-101, § 1, 11-20-2017; Ord. No. 2021-03-193, § 1, 4-27-2021)