A.

This Resolution, including the City of Peachtree Corners Zoning Maps, may be amended from time to time by the City Council of City of Peachtree Corners, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the City of Peachtree Corners Planning Commission for review and recommendation.

B.

If the City of Peachtree Corners Planning Commission fails to submit a report within 30 days of its first meeting after it has received an amendment request complete in all respects, it shall be deemed to have given a recommendation of "no comment" on the proposed amendment. However, the City of Peachtree Corners Planning Commission and the applicant for an amendment may jointly agree to an extension of the thirty-(30)-day period.

C.

Before the City of Peachtree Corners Planning Commission or the City Council of City of Peachtree Corners enact an amendment, they shall each hold a Public Hearing thereon. At least fifteen (15) but not more than forty-five (45) days prior to the date of each such hearing, the City Council shall cause to be published within a newspaper of general circulation within the territorial boundaries of City of Peachtree Corners, a notice of the Public Hearing. The notice shall state the time, place and purpose of the Public Hearing.

D.

If a proposed amendment is for the rezoning of property and involves a change in the zoning classification of 25 or fewer parcels of land, then:

1.

The notice, in addition to the requirements of Subsection C. above, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property;

2.

A sign containing the information outlined in Subsection D.1. above, shall be placed in a conspicuous location on the property not less than fifteen (15) days prior to the date of the Public Hearing. The sign shall be placed in accordance with the City of Peachtree Corners Public Notification Policies for Rezoning, Special Use Permit, Variance, and Special Exception Applications.

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

Applications for amendment of the text or maps of this Resolution may be initiated by resolution of the City Council, or by motion of the Planning Commission, Director of Planning and Development, or by petition of any property owner addressed to the City Council. In the case of a petition for the rezoning of property, such petition shall be submitted by the owner of record of said property, the owner's agent or by a contract purchaser with the owner's written consent.

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

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

The City Council finds that the following standards are relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property and shall govern the exercise of the zoning power:

A.

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

B.

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

C.

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

D.

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

E.

Whether the proposed rezoning is in conformity with the policy and intent of the Land Use Plan; and

F.

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

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

A.

The initiating party, if a party other than the City Council, shall be required to file, with its application for amendment, a written, documented analysis of the impact of the proposed zoning with respect to each of the matters enumerated in Section 1702 above. Such a zoning proposal and analysis shall be a public record.

B.

The Department of Planning and Development shall, with respect to each such zoning proposal, investigate and make a recommendation with respect to each of the matters enumerated in Section 1702, above. The Department of Planning and Development shall make a written record of its investigation and recommendations, and this record shall be a public record.

C.

The City of Peachtree Corners Planning Commission shall, with respect to each such zoning proposal, investigate and make a recommendation with respect to each of the matters enumerated in Section 1702, above. The Planning Commission shall make a written record of its investigation and recommendations, and this record shall be a public record.

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

Following its public hearing the City Council may:

A.

Adopt the proposed amendment as presented;

B.

Adopt the proposed amendment as revised or supplemented by conditions of approval established by the City Council; said revisions may include, if the proposed amendment is for the rezoning of property, rezoning to the proposed zoning district with conditions or rezoning to any other less intense zoning district with or without conditions;

C.

Deny the proposed amendment in whole or in part; or

D.

Table the proposal.

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

The Special Use Permit Standards of Review are as follows:

A.

A Special Use listed under the zoning district is desired for development and a more intensive zoning district which contains that use as a use by right would not be appropriate for the property; or

B.

A Special Use listed under the zoning district is desired for development and no zoning district contains that use as a use by right; or

C.

A unique use not addressed in any zoning district is desired for development and is not likely to be duplicated within City of Peachtree Corners; or

D.

The density of development may be affected by the height of a non-residential or multi-family residential building; or

E.

The neighboring properties may be affected by the height of any non-residential or multi-family residential building or structure; and

F.

The Special Use would be consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood and would not be in conflict with the overall objective of the Gwinnett County Comprehensive Plan or the City of Peachtree Corners Comprehensive Plan, upon its adoption.

In order to accommodate these special uses, the Special Use Permit allows the City Council to approve a special use on a particular parcel without changing the general zoning district. Such approval shall be subject to the requirements set forth below and any additional conditions deemed necessary to ensure the compatibility of the special use with the surrounding properties. All Special Use Permit applications shall be for firm development proposals only. The Special Use Permit shall not be used for securing early zoning for conceptual proposals which may not be undertaken for some time. A Special Use Permit application shall be considered only if it is made by the owner of the property or his/her authorized agent. The minimum requirements for a Special Use Permit are:

1.

Any uses permitted under a Special Use Permit shall also conform to the requirements of this Resolution and the Development Regulations for the use as found in the zoning district.

2.

The application and review process for a Special Use Permit shall be the same as for the zoning district under which the special use is found. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the Director in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to its immediate neighborhood and the compatibility of the proposed use with its neighborhood.

3.

In the approval process for a Special Use Permit application, the City Council shall consider the policies and objectives of the Gwinnett County Comprehensive Plan, or the City of Peachtree Corners Comprehensive Plan if one has been adopted, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially in regards but not limited to traffic, storm drainage, land values and compatibility of land use activities.

4.

If an application is approved and a Special Use Permit is granted, all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions. Once established, the special use shall be in continuous operation. Upon discovery that the operation of the special use has or had ceased for a period of 90 days or more and the owner of the property has not requested voluntary termination of the Special Use Permit, the Director shall forward a report to the City Council through the Planning Commission, which may recommend that action be taken to remove the Special Use Permit from the property.

5.

Changes to a special use, or development of a site for the special use, shall be treated as an amendment to the Special Use Permit and shall be subject to the same application and review process as a new application.

6.

The special use for which a Special Use Permit is granted shall commence operations or construction within 12 months of the date of approval by the Board of Commissioners. If, at the end of this 12-month period, the Director determines that active efforts are not proceeding toward operation or construction, a report may be forwarded to the City Council through the Planning Commission which may recommend that action be taken to remove the Special Use Permit from the property.

7.

An application for a Special Use Permit in a residential district and which use is proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements:

a.

The Special Use Permit shall be valid for no more than a two-(2)-year period. Upon or before the expiration of a Special Use Permit, the owner shall make application to continue the Special Use Permit, if continuance is desired. However, after the first two-(2)-year period the City Council may waive the two-(2)-year time limitation with the concurrence of the City of Peachtree Corners Planning Commission.

b.

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

c.

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

d.

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

e.

The owner of the property shall submit with the application a signed statement in which he/she agrees that the Special Use Permit, if approved, shall automatically terminate in the event that the property is sold, transferred, or otherwise conveyed to any other party, or the business which operates the special use is sold, transferred, otherwise conveyed or discontinued. The owner shall also agree to notify the Director in writing upon the occurrence of any of these events.

f.

In addition to the information and/or site plans required by this Section, the owner of the property shall submit with the application for a Special Use Permit information regarding the ownership of any business associated with the use, the experience and background qualifications related to the operation of said business, prior similar businesses operated, applicable State of Georgia certifications, licenses and like information.

8.

The owner of the property approved for a Special Use Permit, except such property approved for Modified Single-Family Subdivisions, may voluntarily request termination of the Special Use Permit by notifying the Director of Planning and Development in writing. The Director shall notify the City Council through the Planning Commission of the voluntary terminations as they occur and shall change the Official Zoning Maps to reflect any voluntary terminations. The approval of a Special Use Permit for a specific use which may be operated by a lessee under a private agreement with a lessor in any non-residential district shall not obligate the City Council to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the Special Use Permit by the property owner.

9.

The Department of Planning and Development shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions. If the Director determines that the requirements and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violation and giving the owner of the property a maximum of ten (10) days to come into compliance. If after ten (10) days the violations continue to exist, the Director shall forward a report to the City Council through the Planning Commission which may recommend that action be taken to remove the Special Use Permit from the property.

10.

Upon approval by the City Council, a Special Use Permit shall be identified on the Official Zoning Maps.

11.

Upon approval by the City Council of a Special Use Permit, the owner of the property shall be issued a notice from the Director which states the specific use permitted; the requirements of this Section and any conditions attached to the approval.

12.

The Department of Planning and Development shall not issue a Certificate of Occupancy for the specific use unless all requirements and conditions of the Special Use Permit have been fulfilled by the owner of the property.

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

Once an application for an amendment to the Official Zoning Map or an application for a Variance or Special Use Permit has been made, the applicant may withdraw such application without prejudice only until such time as the legal advertisement of a public hearing thereon is placed. An application may not be withdrawn by an applicant or property owner under any circumstance after legal advertisement of the Public Hearing has been placed. All applications, having been advertised, shall be considered by the City Council or Zoning Board of Appeals, as appropriate, and shall receive final action.

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

The following shall apply to the applicable reapplication:

1.

No application or reapplication for any zoning map amendment affecting the same land or any portion thereof shall be acted upon within 12 months from the date of last action by the City Council unless such 12-month period is waived by the City Council, and in no case may such an application or reapplication be reconsidered in less than six (6) months from the date of last action by the City Council.

2.

No application or reapplication for the same type of Variance or Special Use Permit affecting the same land or any portion thereof shall be acted upon within twelve (12) months from the date of last action by the City Council, or Zoning Board of Appeals, as appropriate, unless such twelve (12) month period is waived by the City Council or Zoning Board of Appeals as appropriate, and in no case may such an application or reapplication be reconsidered in less than six (6) months from the date of last action by the City Council or Zoning Board of Appeals, as appropriate. Administrative variances shall not be subject to this time lapse requirement as outlined in Article XVI, Section 1610.

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

All public hearing requests shall be made by submitting a Public Hearing Application form and the appropriate fee in accordance with the adopted Fee Schedule to the Community Development Department. The Public Hearing Application form and fee shall be accompanied by all of the documents listed on the Public Hearing Application form cover page including, but not limited to: a boundary survey, site plan, architectural elevations, letter of intent, completed community information meeting certificate (listing meeting participants and summarizing meeting discussion), traffic study, tree survey and arborist report.

Public hearing applications shall not be accepted without a Pre-Submittal meeting that occurs by the deadline listed in the adopted Public Hearing Schedule. During the Pre-Submittal meeting, the Community Development Director may waive certain required documents if she determines that the information provided by those documents is unnecessary for that application. Only applications that are certified 'complete' by the Community Development Department shall be placed on a public hearing agenda. Any complete public hearing application received after the deadline listed in the adopted Public Hearing Schedule shall be placed on the following month's public hearing agenda.

(Ord. No. 2022-06-235, § 1, 7-26-2022)

Editor's note— Ord. No. 2022-06-235, § 1, adopted July 26, 2022, repealed the former § 1708, and enacted a new § 1708 as set out herein. The former § 1708 pertained to "Plans and Other Documents Showing Proposed Use and Impact Required" and derived from Ord. No. 2016-02-69, Exh. A, adopted February 28, 2016.

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

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

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

In adopting an amendment to the zoning map, or approving a Special Use Permit or a Variance, the City Council may impose special conditions which it deems necessary in order to make the requested action acceptable and consistent with the purposes of the district(s) involved and to further the goals and objectives of that Comprehensive Plan. Such conditions may consist of: setback requirements from any lot line; specified or prohibited locations for buildings, parking, loading or storage areas or other land uses; driveway curb cut restrictions; restrictions as to what land uses or activities shall be permitted; maximum building heights or other dimensions; special drainage or erosion provisions; landscaping or planted area which may include the location, type and maintenance of plant materials; fences, walls, berms, or other buffering provisions or protective measures; preservation of existing trees or other vegetation; special measures to alleviate undesirable views, light, glare, noise, dust or odor; permitted hours of operation; architectural style; a requirement that the existing building(s) be retained; a requirement that developers must build according to the site plans as adopted; a limitation on exterior modifications of existing buildings; or any other requirement that the City Council may deem appropriate and necessary as a condition of rezoning or issuance of a variance or Special Use Permit.

Such conditions:

1.

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

2.

Shall be required of the property owner and all subsequent owners as a condition of their use of the property; and

3.

Shall be interpreted and continually enforced by the Director of Planning and Development in the same manner as any other provision of this Resolution.

4.

A building permit shall not be issued until after the presentation and approval by the Planning Commission and/or the City Council of final site, architecture and development plans required by such conditions.

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