Sugar Hill › Zoning Ordinance

Article 14 — Administration, Enforcement, Penalties and Remedies

current as of 2026-01-21verified current · checked 2026-08-24Officialofficial source ↗8 sections · full chapter

§ 1400

Zoning Enforcement Officer.

The City Manager is hereby authorized and directed, on behalf of the City Council of the City of Sugar Hill, Georgia, to administer and enforce this Ordinance. Such authority shall include the right to order, in writing, the remedy of any condition found in violation of this Ordinance, and the right to bring legal action in all courts of competent jurisdiction to ensure compliance with its provisions, including injunction, mandamus, abatement or other appropriate action or proceeding.

The powers and duties of the City Manager include:

1.Examining and approving applications pertaining to the use of land, buildings, or structures when the applications conform with provisions of this Ordinance.

2.Authorizing issuance by the city of all building permits and certificates of occupancy, and keeping permanent records thereof.

3.Conducting such inspections of buildings, structures, and uses of land as are necessary to determine compliance with the provisions of this Ordinance.

4.Maintaining permanent and current records of the Zoning Ordinance including maps and amendments.

5.If the City Manager shall find that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.

He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes;

discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions.

6.The City Manager may revoke a permit or approval issued under this Ordinance where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based or upon determination that the conditions of the permit or this Ordinance were violated.

7.The City Manager shall have the power to grant variances (except for density and use variances) from the development standards of this Ordinance where, in his opinion, the intent of the Ordinance can be achieved and equal performance obtained by granting a variance. The authority to grant such variances shall be limited to variances from the following requirements:

Updated 7-10-17

a.Front yard or side 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 – variance not to exceed fifteen (15) feet, provided that no increase in the height for a sign 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 – the dimensions or screening treatment of a buffer as required under Article 12 may be reduced as specified in said section, provided, however, that no buffer required as a condition of zoning shall be modified.

f.Parking under Article 11 and demarcation of parking spaces – parking spaces may be left unmarked, provided all 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 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 Fire Services Division of the Gwinnett County Fire 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 set back 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 is 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.

Updated 7-10-17

h.A single accessory structure may be allowed within the side yard of a corner lot or other lots with multiple frontages provided all the following conditions are met:

1)The accessory structure is limited to a garage, carport, gazebo or storage building and meets all other requirements for an accessory structure.

2)The accessory structure meets all the minimum setback requirements for the underlying zoning district.

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

i.Any other use or requirement which is specifically listed as an administrative variance within any section of this Zoning Ordinance.

§ 1401

Building Permit Required.

Unless otherwise exempted by this ordinance or City Code, no building or other structure shall be erected, moved, added to or structurally altered without a Building Permit issued by the City Manager. No Building Permit shall be issued except in conformance with the provisions of this Ordinance and the current building code.

All applications for Land Disturbance Permits, and Building Permits for uses other than one-family and duplex dwellings shall be accompanied by plans, drawn to scale, showing the actual dimensions of the lot to be built upon, the sizes and the locations on the lot of any existing buildings or structures, the shape, size, height, use and the location on the lot of the building or structure to be erected, moved, added to or structurally altered and such other information as may be necessary to provide for the enforcement of this Ordinance. These applications and plans shall conform to the requirements of the City of Sugar Hill Development Regulations.

§ 1402

Certificate of Occupancy Required.

A Certificate of Occupancy issued by the City is required prior to the use or occupancy of:

1.Any lot or change in the use thereof.

2.A building hereafter erected or a change in the use of an existing building.

3.A change in any lawful non-conforming use. The Certificate of Occupancy shall state specifically wherein the non-conforming use fails to meet provisions of this Ordinance.

No Certificate of Occupancy shall be issued unless the lot or building or structure complies with all the provisions of this Ordinance.

A record of all Certificates of Occupancy shall be kept on file at the City and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land involved.

Updated 7-10-17

§ 1403

Fees.

The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of occupancy, appeals, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the Planning and Development Department and may be altered and amended by the City Council, from time to time, to cover the costs of administration of this Ordinance.

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

§ 1404

Construction Progress

If no substantial construction progress has been made within six (6) months of the date of issuance of the building permit, the permit becomes invalid. The permit may be re-issued only upon completion of the application procedure outlined in Sections 1402 and 1403 of this Ordinance.

§ 1405

Penalties for violation.

Any person, firm or corporation convicted by a court of competent jurisdiction of violating any provision of this Ordinance shall be guilty of violating a duly adopted Ordinance of City of Sugar Hill, and shall be punished either by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by confinement in the County jail for a total term not to exceed sixty (60) days, or both.

§ 1406

Alternative Sentences or Penalties.

The court shall have the power and authority to place any person found guilty of a violation of this Ordinance on probation and to suspend or modify any fine or sentence. As a condition of said suspension, the court may require payment of restitution or impose other punishment allowed by law.

§ 1407

Remedies.

If any building or structure is erected, constructed, moved, added to, demolished, structurally altered, maintained, or used in violation of this Ordinance, any appropriate authority, or any property owner whose property would be damaged by such violation may file a written complaint with the City Manager stating fully the causes and basis for the complaints. The City Manager shall properly record such complaint, shall immediately investigate, and shall take action thereon as provided by this Ordinance. Nothing herein shall, however, prevent any person from instituting injunction, mandamus, or other appropriate action in proceeding to stop the violation in the case of such building, structure, or land.

Updated 7-10-17 ARTICLE 15.

VARIANCES AND APPEALS