Sugar Hill › Zoning Ordinance

Article 17 — Amendments

current as of 2026-01-21verified current · checked 2026-08-24Officialofficial source ↗12 sections · full chapter

§ 1700

Zoning Ordinance and Map Amendment Procedure.

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

B.If the Planning Commission fails to submit a report within 40 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 Planning Commission and the applicant for an amendment may jointly agree to an extension of the forty-day period.

C.Before the Planning Commission or the City Council of the City of Sugar Hill enact an amendment, they shall each hold a public hearing thereon. At least fifteen but not more than forty-five days prior to the date of each such hearing, the City Council shall cause to be published within the official organ of the City, a notice of the hearing. The notice shall state the time, place and purpose of the hearing.

D.If a proposed amendment is for the rezoning of property and involves a change in the zoning classification of 10 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 Section D. 1. above, shall be placed in a conspicuous location on the property not less than fifteen days prior to the date of the hearing; and

3.The City Council shall give notice of the proposed rezoning by regular mail to the property owner of record and to all abutting property owners of record as shown by Gwinnett County tax records. Such notice shall be mailed at least fifteen days prior to the Planning Commission public hearing and shall include a description of the application and the date, time and place of public hearings.

Notice deposited in the mail with adequate postage thereon and addressed to the last known address of the above-named property owners as shown on Gwinnett County tax records shall be deemed to be adequate compliance with the requirements of this Section.

§ 1701

Initiation of Amendments.

Applications for amendment of the text or maps of this Ordinance may be initiated by Resolution of the City Council, or by motion of the Planning Commission, 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.

Any amendment request brought before the City Council by petition of any property owner, cannot be resubmitted by petition of a property owner, in less than six (6) months from the date of hearing by the City of Sugar Hill City Council, unless the petition was allowed to be withdrawn by The City of Sugar Hill Council at the public hearing.

A.Initiation by motion of the City Council or by motion of the Planning Commission.

Once a map amendment is initiated by the City Council or by motion of the Planning Commission, no application for a clearing, grubbing, grading, septic tank, building, development or other similar 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 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.

B.Any applicant seeking a rezoning involving property being annexed into the City of Sugar Hill which contains less than five acres and the requested use of the annexed property is the same as the existing use of said property, a rezoning involving a request for RS100, RS150, RS175, or RS200 which will result in the development of less than three individual building lots, and a rezoning for a non residential zoning classification in which the property that is the subject of the application contains one acre or less and the proposed development on the property will include a non residential building of less than 10,000 square feet shall initiate the rezoning process by submitting a petition.

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. Such petition shall include but not be limited to the following:

1.Petition Application (on form provided by the Department of Planning and Development). The application includes, but not limited to, information on intended use, address of the subject property, Letter of intent, Standards Governing Exercise of the Zoning Power etc.

2.Survey of Property to be considered.

3.Legal Description in hard copy and digital format (Determined by the Director, Planning & Development).

4.Copies of site plan to scale.

5.Any other pertaining information, data, traffic studies, utility studies, drainage studies, elevation drawings, and graphics requested by the Director of Planning for an understanding and evaluation of the project which may not have impact on the surrounding areas.

6.Application for any rezoning other than those set forth above shall be initiated by the filing of a petition.

a.Petition Application (on form provided by the Department of Planning & Development).

b.Survey of the property to be considered.

c.Legal Description and address of property to be considered.

d.Petitioners impact analysis and any additional information as required in Section 1703 below.

e.Letter of Intent from applicant.

f.State the intended use.

g.State the number of lots, residential units, density per acre, square footage if proposed for non-residential building, or square feet per acre of total buildings.

h.All applications for a rezoning or special use shall be accompanied by a plat prepared and stamped by a registered land surveyor, engineer, architect or landscape architect containing the following information, however, the Director of Planning and Development may waive any requirements(s) or alter any of the following requirements or require any additional information or data necessary for understanding or evaluation of the project.

The site plan shall be clearly legible drawn at a scale of not less than 100 feet to one inch on a sheet size not to exceed 24 inches X 36 inches. The Director of Planning and Development may approved other sheet sizes as deemed appropriate.

i.Project name;

ii.Project owner and address (both local and permanent address if different) and telephone number and fax numbers;

iii.Date, scale and north arrow;

iv.Vicinity map;

v.Proposed use of the property to be developed;

vi.Required yard set backs appropriately dimensioned;

vii.Total acreage;

viii.Total number of lots and minimum lot sizes (if applicable);

ix.Size, location, and names of adjoining existing streets or access drives and proposed right-of-ways and roadways;

x.Topography with contour interval no greater than 10 feet;

xi.Proposed method of sewerage disposal (express as a note);

xii.Property lines and dimension (showing bearings and distances);

xiii.All contiguous property under the ownership or control of the applicant, except those lands specifically to be excluded. Areas not planned for development at the time of the submittal shall be shown as “Future Developmetn”;

xiv.Location of ingress and egress points;

xv.Location of 100 –year floodplain, ponds and other water courses,

xvi.Dumpster location;

xvii.Existing and proposed landscaping;

xviii.Building heights;

xix.For multi-family and non-residential developments, the approximate location and arrangements of existing buildings, parking areas, and other improvements including stormwater detention areas and all required buffers;

xx.Location of existing and proposed sidewalks;

xxi.Existing zoning of the property and adjoining properties;

xxii.Land lot and district;

xxiii.Name of person or company preparing the plats;

xxiv.Boundaries of the Chattahoochee River Corridor and Chattahoochee River Tributary Protection Areas, if applicable;

xxv.General Development data (in tabular form) for multi-family or non-residential site developments, such as number of residential units, gross square feet of each building, number of parking spaces, etc;

xxvi.General development data (in tabular form) for single family developments, such as minimum lot size, floor area of homes, and all relevant conditions of zoning;

xxvii.Any other data requested by the Planning Director or Planning Commission or City Council necessary for an understanding and evaluation of the project, this additional information may include without limitation, traffic studies, utility studies and drainage studies;

xxviii. Additional information is required when requesting a Planned Unit Development.

§ 1702

Standards Governing Exercise of the Zoning Power.

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.

§ 1703

Impact Analysis.

If a proposed amendment is for the rezoning of property and involves a change in the zoning classification of 10 or fewer parcels of land, then:

a.The initiating party, if a party other than the City Council or Planning Commission, 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 City Manager 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 City Manager shall make a report of the investigation and recommendations to the Planning Commission and City Council, and this report shall be made part of the public record.

c.The 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.

§ 1704

Action by City Council.

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;

d.Table the proposal; or

e.Approve the petition for amendment to be withdrawn with the consent of a majority of the City Council.

§ 1705

Conditional Zoning.

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 the 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 in effect for the period of time specified in the amendment;

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

4.Shall be interpreted and continually enforced by the City Manager in the same manner as any other provision of this Ordinance.

§ 1706

Special Use Permits.

The Special Use Permit is designed to be used when:

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 Sugar Hill, or,

d.The density of development may be affected by the height of a building, or,

e.The neighboring properties may be affected by the height of any 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 Comprehensive Plan.

§ 1707

Special Use Permit Procedure.

In order to accommodate 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 Ordinance 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 City Manager 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 Comprehensive Plan, 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 City Manager 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 City Council. If, at the end of this 12-month period, the City Manager 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-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 year period the City Council may waive the two year time limitation with the concurrence of the 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 City Manager 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, may voluntarily request termination of the Special Use Permit by notifying the City Manager in writing. The City Manager shall notify the City Council through the Planning Commission of the voluntary termination as they occur and shall change the official zoning maps to reflect any voluntary termination. 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 City shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions. If the City Manager 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 City Manager 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 City Manager which states the specific use permitted, the requirements of this Section and any conditions attached to the approval.

12.The City 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.

§ 1708

Policies and Procedures. For purposes of this section the terms “zoning

SECTION 1708. Policies and Procedures. For purposes of this section the terms “zoning decision” shall have the meanings set forth in O.C.G.A. §36-66-3. Prior to making any zoning decision, the City Council shall conduct a public hearing. The public hearing shall be called and a public notice provided in accordance with the provisions of Section 1700 of this Ordinance and in accordance with the provisions of O.C.G.A. §36-66-4. At any such public hearing, the following procedures shall apply:

1.A member of the planning staff will briefly summarize the requested zoning change;

and shall respond to any questions from the Mayor or member of the Council regarding the staff recommendations related to the proposed zoning change;

2.The applicant shall be provided an opportunity to be heard, and may present any evidence, information or materials which the applicant desires for the City Council to consider in arriving at its determination;

3.Public comments will be accepted and individuals making public comments may present any evidence, information and/or materials which the individual desires for the City Council to consider in arriving at its determination.

4.The City Council may place reasonable time limitations on the presentation of the applicant and on public comments by individuals in support or opposition to the zoning decision. An equal time period be allowed for presentation of data, evidence and opinion by proponents of the zoning decision and by opponents of the zoning decision, and in no event shall the minimum time period allowed for presentation be less than ten minutes per side.

5.Persons speaking either in support of or in opposition to a zoning decision shall be recognized by the Mayor, shall state their name and address for the public record, and shall present any written documents which they desire to be included in the record of the meeting to the City Clerk.

6.All comments shall be directed to the Mayor and City Council and shall be made in an orderly manner.

7.The applicant and any opponents to the zoning decision shall acquaint themselves with the provisions of §36-67a-3 and shall comply with the provisions of that statute.

§ 1709

Withdrawal of Application for Amendment, Variance or Special Use Permit.

Once an application for an amendment to the 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.

No application shall be allowed to be withdrawn without action by the City Council after public notice 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.

§ 1710

Lapse of Time Requirement for an Amendment, Variance or Special Use Permit

Re-application. The following shall apply to the applicable re-application:

If an application is denied by the City Council, or Zoning Board of Appeals, as appropriate, no application or re-application for the same Zoning Map amendment, 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, 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 re-application be reconsidered in less than six (6) months from the date of that 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 15, Section 1508.

§ 1711

Actions to be Taken if Plans of Property Owner are not Implemented Within

Specified Time Limits.

For any zoning map amendment for which the City Council is not the applicant, and upon which property a development permit, building permit, or certificate of occupancy has not 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 may first be reviewed by the Planning Commission, which shall make such findings and recommendations as it deems appropriate.

AMENDMENTS