Snellville › Unified Development Ordinance
Chapter 100 — General Provisions, Article 1 — Introductory Provisions
§ 101-1
Legal Requirements
Chapter 100. General Provisions Table of Contents
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Introductory Provisions ........................................................................ 100-2 Definitions.......................................................................................... 100-11 Administration ................................................................................... 100-60
Chapter 100. General Provisions Introductory Provisions Table of Contents
Table or figure — shown as printedverify at source ↗
Legal Requirements ....................................................................... 100-3
101-1.1. Title ............................................................................................................... 100-3
101-1.2. Purpose.......................................................................................................... 100-3
101-1.3. Application..................................................................................................... 100-3
101-1.4. Transitional Provisions ................................................................................... 100-5
101-1.5. Amendments ................................................................................................. 100-6
101-1.6. Zoning Compliance Law................................................................................. 100-6
101-1.7. Severability.................................................................................................... 100-6
101-1.8. Effective Date ................................................................................................ 100-6
Zoning Districts Established........................................................... 100-7
101-2.1. UDO Zoning Districts ..................................................................................... 100-7
101-2.2. Transition from Former Districts .................................................................... 100-7
Official Zoning Map ........................................................................ 100-8
101-3.1. Official Zoning Map........................................................................................ 100-8
101-3.2. Interpretation of Map Boundaries .................................................................. 100-8
101-3.3. Relationship to the Comprehensive Plan ....................................................... 100-9
101-3.4. Annexation .................................................................................................... 100-9
101-3.5. De-Annexation ............................................................................................. 100-10
101-3.6. Zoning Verification Letter ............................................................................ 100-10
101-3.7. Prior Approvals ............................................................................................ 100-10Chapter 100. General Provisions Article 1. Introductory Provisions Legal Requirements
101-1.1. Title
This document is “The Unified Development Ordinance for the City of Snellville, Georgia,” and is referred to or cited throughout the document as “this UDO.”
101-1.2. Purpose
This UDO is intended to serve the following purposes:
A.To promote the health, safety, morals, convenience, order, prosperity, aesthetics, and the general welfare of the present and future inhabitants of the City of Snellville;
B.To ensure that the vision set forth in the Comprehensive Plan is implemented by the City’s development regulations;
C.To improve the city's appearance;
D.To further safety for all transportation users;
E.To secure safety from fire, panic, and other dangers;
F.To provide adequate light and air;
G.To facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;
H.To protect property against blight and depreciation;
I.To encourage the most appropriate use of land, buildings, and other structures throughout the City; and
J.To secure economy in government expenditures.
101-1.3. Application
A.Territorial Application This UDO applies to all land, uses, buildings, and structures in the corporate boundaries of the City of Snellville.
B.General Application In their interpretation and application, the provisions of this UDO are the minimum requirements for the promotion and protection of the public health, safety, and welfare.
C.Required Conformance
1.All buildings, structures, land, or open space, in whole or in part, must be used or occupied in conformance with this UDO;
2.No building or structure, in whole or in part, may be erected, constructed, reconstructed, moved, or structurally altered unless in conformance with this UDO;
3.The minimum, yards, parking spaces, landscape strips, buffers, and open spaces required by this UDO for each building existing before the effective date of this UDO, or for any building erected or structurally altered after the effective date, may not be encroached upon or considered as part of the yard, parking space, landscape strips, buffers, or open space required for any other structure; and
4.It is unlawful to be in conflict with, or in violation of, any other requirements of this UDO.
D.Control Over Less Restrictive Private Agreements This UDO does not nullify any private agreement or covenant. However, when this UDO is more restrictive than a private agreement or covenant, this UDO controls.
The City will not enforce any private agreement or covenant.
E.Control Over Less Restrictive Laws and Regulations If any requirement imposed by this UDO is more restrictive than a requirement imposed by any other law, rule, or regulation, the more restrictive condition or requirement governs, except as described in paragraph G below.
F.Conflict If any requirement imposed by this UDO contains an actual, implied or apparent conflict, the more restrictive condition or requirement controls, except as described in paragraph G below.
G.Control Over Less Restrictive Conditions If any requirement imposed by this UDO is more restrictive than a condition of approval for a rezoning, variance, special use permit, or other formal action by the City Council, the requirement of the condition governs.
H.References to Other Laws Whenever a provision of this UDO refers to any other part of the Snellville City Code or to any other law, the reference applies to any subsequent amendment of that law.
I.Text and Graphics Illustrations, photographs, and graphics are included in this UDO to illustrate the intent and requirement of the text. In the case of a conflict between the text of this UDO and any Illustrations, photographs, and graphics, the text governs.
101-1.4. Transitional Provisions
A.General This subsection contains the transition to this UDO from the zoning ordinance, development ordinance, and other regulations in effect immediately before the effective date of this UDO.
B.Approved Clearing, Clearing and Grubbing, or Grading Permit Any subdivision or other activity for which only a clearing, clearing and grubbing, or grading permit was issued before the adoption of this UDO must be brought into conformance with this UDO. Subsequently, the development permit must conform to this UDO.
C.Pending Development Permit Any subdivision or other activity for which a valid and complete application for a development permit was received before the adoption of this UDO may, at the developer's option, proceed to completion and building permits may be issued as though this UDO had not been adopted, provided that the development permit is or may be issued within 90 days of the date of adoption and all time frames associated with said permit are observed.
D.Approved Development Permit Any subdivision or other activity for which a development permit has been issued before the adoption of this UDO may, at the developer's option, proceed to completion and building permits may be issued as though this UDO had not been adopted, provided all time frames associated with said permit are observed.
E.Approved Building Permit The adoption of this UDO does not affect the validity of any building permits lawfully issued before the adoption of this UDO.
F.Pending Building Permit Nothing in this UDO requires a change in the plans, construction, or designated use of any building or structure for which building permits were lawfully applied for or approved, before the effective date of this UDO or amendment thereto, provided:
1.Such permit has not, by its own terms, expired before the effective date of this UDO.
2.Actual building construction is commenced before the expiration of such permit.
3.Actual building construction is carried on pursuant to said permit and limited to and in strict accordance with said permit.
4.No renewals or extensions of said permit is authorized beyond 90 days following the effective date of this UDO.
101-1.5. Amendments
A.This UDO may be amended from time-to-time by the City Council in accordance with Sec. 101-1.6. Such amendments will be effective on their date of adoption unless otherwise stated in the adopting resolution.
B.No amendment will affect the validity of any permit lawfully issued before the amendment’s ordinance.
101-1.6. Zoning Compliance Law
A.This UDO is crafted as a series of chapters and articles.
B.Articles 1 and 3 of Chapter 100, all articles of Chapter 200, Article 1 of Chapter 300, as well as those definitions set forth in Article 2 of Chapter 100 that constitute, by reference, text of these articles, are all intended to constitute a zoning ordinance within the meaning of O.C.G.A. § 36-66-1, et seq. Changes to the text of these articles, as well as Official Zoning Map amendments and other zoning actions addressed in those articles, must comply with the public notice and hearing procedures provided in Sec. 103-9 (Amendments) and in said State statute.
C.The remaining chapters and articles are not intended to constitute a zoning ordinance and may be amended using the City’s general procedures for ordinance amendments.
101-1.7. Severability
If any article, section, subsection, paragraph, clause, sentence, or provision of this UDO is adjudged by any court of competent jurisdiction to be invalid or unconstitutional, that judgment does not affect, impair, invalidate or nullify the remainder of this UDO. The effect of the judgment is confined to the section, subsection, paragraph, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.
101-1.8. Effective Date
This UDO takes effect and is in force upon its adoption by the City Council.
§ 101-2
Zoning Districts Established
Zoning Districts Established
101-2.1. UDO Zoning Districts
In order to carry out the purposes of this UDO, the City is divided into the following zoning districts as established on the Official Zoning Map in Sec. 101-3.
Residential Districts Formerly
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RS-30 Single-Family Residential RS-180 RS-15 Single-Family Residential RS-150 RS-5 Single-Family Residential New R-DU Duplex Residential RG-75 R-TH Townhouse Residential R-TH RM Multifamily Residential RM RX Mixed Residential New RO Residential for Older Persons R-HOP 55, R-HOP 62
PRC Planned Residential Conservation [1] PRC Mixed-Use and Business Districts
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OP Office Professional OP BG Business General BN, BG HSB Highway Service Business HSB MU Mixed-Use New NR North Road New LM Light Manufacturing: LM
Towne Center Districts (TC-Districts)
TC-MU Towne Center Mixed-Use TC-MU TC-R Towne Center Residential TC-R Special and Overlay Districts
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TCO Towne Center Overlay TC CI Civic-Institutional District CI FH Flood Hazard FH
Table Note:
[1] No additional land may be zoned to the PRC district.
101-2.2. Transition from Former Districts
Upon adoption of this UDO, land which is presently zoned within an existing zoning classification which has changed names as set forth above will be reclassified to the applicable new zoning classifications. The boundaries for renamed zoning districts and the conditions of each zoning district will remain the same unless amended in the future in accordance Sec. 103-9 (Amendments).
§ 101-3
Official Zoning Map
Official Zoning Map
101-3.1. Official Zoning Map
A.The Official Zoning Map for the City of Snellville is incorporated and made part of this UDO.
B.The original Official Zoning Map must be kept on file with the City clerk. The map must indicate the date of the adoption, be signed by the Mayor, attested by the City clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in the City of Snellville Unified Development Ordinance," together with the map’s date of adoption and notation of any map amendments.
C.The City Council may, from time to time, readopt the Official Zoning Map.
D.The Official Zoning Map may be kept electronically in a Geographic Information System (GIS). Any copy of the Official Zoning Map published on the web or otherwise portrayed electronically does not constitute the original Official Zoning Map.
E.The Director may make paper copies of the Official Zoning Map available to the public for a fee.
101-3.2. Interpretation of Map Boundaries
Where uncertainty exists with respect to the location of the boundaries of any zoning district, the following rules apply:
A.Where a zoning district boundary line is shown as approximately following a corporate limits line, a militia district line, a land lot line, a lot line or the centerline of a street, a County road, a State route, or such lines extended, then such lines will be construed to be the zoning district boundary lines.
B.Where a zoning district boundary line is shown as being set back from a street, a County road, or a State route, and approximately parallel thereto, then such zoning district boundary line will be construed as being at the scaled distance from the centerline of the street, County road, or State route and as being parallel thereto.
C.Where a zoning district boundary line divides a lot, the location of the line will be the scaled distance from the lot lines. In this situation, the requirements of the zoning district in which the greater portion of the lot lies will apply to the balance of the lot except that such extension will not include any part of a lot that lies more than 50 feet beyond the zoning district boundary line.
D.In the case of a through lot fronting on two approximately parallel streets that is divided by a zoning district boundary line paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies will apply to that portion of the through lot.
E.Where zoning district boundaries are in doubt, the Planning Commission will make such interpretation using the appropriate scale from the Official Zoning Map.
101-3.3. Relationship to the Comprehensive Plan
A.Role of the Comprehensive Plan The Snellville Comprehensive Plan, consisting of its Future Development Map, Future Land Use Map, and related policies, as may be amended from time to time, is established as the official policy of the City concerning designated future land uses, and as a guide to decisions regarding the appropriate manner in which property may be zoned. A copy of the Comprehensive Plan, as may be amended from time to time, must be maintained at the Department and be available for inspection by the public.
B.Relationship between the Comprehensive Plan and Zoning.
The Comprehensive Plan does not change a property’s zoning and does not itself permit or prohibit any existing or future land uses. Instead, the Comprehensive Plan establishes broad planning policies for current and future land uses and will be consulted as a guideline for making decisions about applications to amend the Official Zoning Map and text of this UDO.
C.Consistency with Comprehensive Plan Character Areas.
Any applicant seeking to rezone property to a classification that is inconsistent with the adopted Comprehensive Plan must first obtain approval of an amendment to the Comprehensive Plan from the City Council, following the procedures in this UDO.
D.Amendments to the Comprehensive Plan.
The Comprehensive Plan must be reviewed and updated or amended (as appropriate) according to a schedule approved by the City Council, and as required by the DCA in compliance with the Rules of DCA, Chapter 110-12-1, Minimum Standards and Procedures for Local Comprehensive Planning. However, exceptions may be granted by the City Council in between the regular review and update cycle in cases of demonstrated hardship, or in cases of large-scale developments that may provide special economic benefits to the community.
Requests for exceptions are subject to approval by City Council. Future Land Use Map amendments are subject to the applicable provisions of Sec. 103-9 (Amendments).
101-3.4. Annexation
A.Any land subsequently annexed into the City must be assigned a Comprehensive Plan Future Land Use Map land use category and classified as one or more zoning districts at the time of annexation.
B.Before the zoning decision and annexation are approved, public notice of such action must be provided and public hearings are held thereon as provided in O.C.G.A. §§ 36-66-4 and 36-36-36 and subsequent amendments thereto.
C.The City Council, in determining the zoning classification, may take into account the use restrictions on the land before annexation and must take into account other policies of the Comprehensive Plan.
101-3.5. De-Annexation
Undeveloped property which has been de-annexed from the City will be subject to the same zoning district, including any conditions established before annexation and will be subject to the regulations for de-annexed property by the Gwinnett County UDO.
101-3.6. Zoning Verification Letter
A.A Zoning Verification Letter can be issued by the Director upon written request for a fee.
B.The person requesting the letter must submit the request in writing, with the subject property being identified by tax parcel number and, if known, by street address, along with a recent boundary survey of the subject property.
C.The Zoning Verification Letter will convey the current zoning of the subject property, and associated conditions of zoning and approved variances, if known.
D.The Zoning Verification Letter is only valid for 30 days from the date of the letter.
101-3.7. Prior Approvals
A.The adoption of this UDO and its Official Zoning Map will not repeal the conditions of use, operation, or site development accompanying zoning approval(s) or special use(s), variances, or permits issued under previous ordinances or resolutions. All such prior conditions will continue to apply, except as provided in paragraph B below.
B.The adoption of this UDO and its Official Zoning Map will not repeal any special use permits, conditional use permits, variances, exceptions, modifications, or waivers previously granted by the Director, Board of Appeals, Planning Commission, or City Council. All such prior approvals will continue to apply, except as provided in paragraph C below.
C.Modification or the repeal of prior conditions identified in paragraph A above or approvals identified in Paragraph B above may only be accomplished in accordance with Sec. 103-9 (Amendments).
Chapter 100. General Provisions Definitions Table of Contents
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General ........................................................................................ 100-12 102-1.1. Rules of Interpretation ................................................................................. 100-12 102-1.2. Abbreviations............................................................................................... 100-13 Defined Terms.............................................................................. 100-14