Lawrenceville › Zoning Ordinance
Article 8 — General Regulations
§ 800
Short Title
The Zoning Ordinance for the City of Lawrenceville, Georgia shall be known and may be cited and referred to as the "Zoning Ordinance” or “Ordinance.”
§ 801
Purpose and Objectives
The text and Zoning Map in this Zoning Ordinance constitute the comprehensive regulations for the incorporated area of the City of Lawrenceville and are adopted to protect and promote the public health, safety, convenience, comfort, prosperity, or general welfare, and to provide the economic and social advantages which result from an orderly, planned use of land resources. Such regulations are designed to achieve the following objectives:
A.To promote the implementation of the Comprehensive Plan for the City;
B.To protect residential, commercial, industrial, and civic areas from the intrusions of incompatible uses, and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationship to each other and to share services; and
C.To ensure preservation of adequate space for commercial, industrial, and other activities necessary for a healthy economy.
§ 802
Scope
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity, or general welfare. Wherever the requirements of the Zoning Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the provisions of this Zoning Ordinance shall control.
§ 803
Map and Districts Established
A.Official Zoning Map
1.There is hereby established a zoning plan for the City of Lawrenceville, Georgia, which plan is set forth in the text, map, and descriptions which constitute this Ordinance.
2.The City of Lawrenceville is hereby divided into zoning districts, as shown on the Official Zoning Map which is hereby adopted by reference and declared to be a part of this Ordinance.
3.The Official Zoning Map shall be identified by a signature block that includes the signature of the Mayor, and attested by the City Clerk, over the following words: "This is to certify that this is the Official Zoning Map referred to in the Lawrenceville Zoning Ordinance," together with the date of its adoption.
4.The location and boundaries of the zoning districts established by this Zoning Ordinance are depicted on and maintained as part of the City's geographic information system (GIS), under the direction of the City Manager. A print-out or plot of this "zoning" geographic coverage layer that includes the signature block described in subsection (A)(3) above constitutes the City of Lawrenceville Official Zoning Map.
5.The latest adopted version of the Official Zoning Map shall be available for inspection in the offices of the City of Lawrenceville Planning & Development Department during regular business hours of the City, and a copy will be available for general public reference on the City’s official website.
6.Maintenance and updates. The Director of Planning and Development is responsible for directing revisions to the Official Zoning Map to reflect its amendment as soon as possible after the effective date of zoning map amendments. No unauthorized person may alter or modify the Official Zoning Map. The Director of Planning and Development may authorize printed copies of the Official Zoning Map to be produced, and must maintain digital or printed copies of superseded versions of the Official Zoning Map for historical reference.
7.Annexation. Any land subsequently annexed to the City shall be annexed in accordance with the procedures adopted by mayor and council that are based upon state law and are part of the City Code. It shall, immediately upon annexation, be classified into a zoning category compatible with adjacent zoning, land uses, and sound planning principles
B.Amendment to Maps
1.If, in accordance with the provisions of this Ordinance, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered into the digital GIS record promptly after the amendment has been approved by the City Council.
2.No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Ordinance.
3.Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map signed by the Mayor and attested by the City Clerk which shall be located in the Department of Planning and Development and be the final authority as to current zoning status of the city.
C.Replacement of the Official Zoning Map
1.In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
2.The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map.
3.The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the City under the following words:
"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted the date of insert date, as part of the Lawrenceville Zoning Ordinance.".
4.Unless the previous Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant remaining parts thereof shall be preserved, together with all available records pertaining to its adoption or amendment.
D.Rules for Interpretation of District Boundaries Where uncertainty exists with respect to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
1.Boundaries indicated as approximately following the centerline of streets, highways, right-of-way, alleys, railroads, streams, or other bodies of water shall be construed as following such centerlines.
2.Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
3.Boundaries indicated as approximately following corporate limits shall be construed as following such corporate lines.
4.Boundaries indicated as following creeks and streams should be construed to follow the approximate centerline of such creek or stream, and in the event of change in such river or stream, should be construed as moving with the actual centerline.
5.Boundaries indicated as parallel to or extensions of features indicated in Subsections 1 through 4 above shall also be construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
6.Where district boundaries are in doubt, the Director of Planning and Development shall make such interpretation using the appropriate scale from the Official Zoning Map or from the official tax maps of the municipality. Appeals of the interpretation may be made to the Planning Commission.
E.Districts Listed. Symbols, titles, and a brief description of each of the zoning districts established by this Ordinance are as identified and described in Article 1, Districts.
§ 804
Violations and Penalties
A.Complaints Regarding Violations. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, fully stating the causes and basis thereof, shall be filed with the Department of Planning and Development. The Director shall properly record such complaint, immediately investigate, and take action thereon as provided by this Ordinance.
B.Enforcement. This Ordinance shall be enforced by the Planning and Development Department.
C.Unlawful Acts
1.It shall be unlawful for a person, firm, or corporation to be in conflict with, or in violation of, this Ordinance, including violations of conditions and safeguards established in connection with grants of variances, special use permits, rezonings and change in conditions.
Grandfathered, legal, non-conforming uses shall be permitted to continue under the rules and regulations of this Zoning Ordinance.
2.The owner and tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
D.Violation
1.Enforcement shall begin with a written notice of violation provided to the owner and/or occupant. The notice may be delivered personally or sent by first class mail. The notice shall be served at the officer’s discretion, and contain a deadline of not less than one day or more than twenty days for compliance. The deadline for compliance may be modified by the Director for good cause shown on a case by case basis.
2.If the violation continues past the deadline, the Director shall issue a summons, citation or accusation charging the person or persons, firm, corporation, or agent with a violation of this Ordinance or the City shall institute legal proceedings charging the person or persons, firm, corporation, or agent with a violation of this Ordinance. If a summons, citation or accusation is issued requiring the alleged violator(s) to appear in Municipal Court, the summons, citation or accusation shall be conspicuously posted on the property that is subject matter of the alleged violation and a copy shall be served in the following manner:
a.If each owner and party in interest is a resident of the county, service shall be either personal or by statutory overnight delivery, return receipt requested; shall occur at least 14 days prior to the date of the hearing; and a return of service, filed with the Clerk of Court, shall be deemed sufficient proof that the summons, citation or accusation was served;
b.If any owner or party in interest is a resident of this state but resides outside of the county, service shall occur by certified mail or statutory overnight delivery, return receipt requested, to the most recent address shown in county tax records and mailed at least 14 days prior to the date of the hearing;
c.Nonresidents of this state, whose mailing address is known, shall be served by certified mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the date of the hearing. For nonresidents whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff’s advertisements appear in such county once a week for two consecutive weeks prior to the hearing.
E.Powers of the Court. The Municipal Court shall have the power and authority to order the violation corrected in compliance with this Ordinance and the court may require payment of restitution or impose other punishment allowed by law.
F.Penalties. Any person convicted by the Municipal Court of violating any provision of this Zoning Ordinance shall be guilty of violating a duly adopted ordinance of the City and shall be punished by a fine not to exceed One Thousand Dollars (plus applicable fees and surcharges), impose community service work, or by a sentence of imprisonment not to exceed six months. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
G.Lien Imposition. If, after 30 days from the date of the Municipal Court-imposed fine, any person or entity has not paid said fine in full, the City of Lawrenceville shall have the authority to file a lien on the property in violation for the amount of the imposed fine and shall record it with the Gwinnett County Clerk’s Office.
H.Other Legal Remedies
1.In any case in which a violation of this Article has occurred, the City, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding through the Municipal Court to prevent, restrain, or abate such unlawful use or activity.
2.Where a determination is made that the property is in violation of the Lawrenceville Zoning Ordinance, and any other Ordinances and laws enforced by the City of Lawrenceville, and all reasonable efforts and means to obtain compliance having been exhausted or it is in the best interest of the City and/or its citizens, the City of Lawrenceville is authorized to effect such compliance at public expense. The cost of effectuating compliance shall constitute a lien upon the property and said lien shall be recorded by the City of Lawrenceville with the Gwinnett County Clerk’s Office.
§ 805
Severability
Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
§ 806
Repeal of Conflicting Ordinances
All Ordinances or parts of Ordinances in conflict with this Zoning Ordinance herewith are repealed.
§ 807
Effective Date
This Zoning Ordinance and Official Zoning Map shall take effect and be in force from and after the adoption of this Ordinance through Ordinance by City Council.