Sugar Hill › Zoning Ordinance

Article 7 — Exceptions and Modifications

current as of 2026-01-21verified current · checked 2026-08-24Officialofficial source ↗6 sections · full chapter

§ 700

Fences and Walls.

Fences or walls shall be permitted in any zoning district subject to the following requirements:

A.Location & Visibility.

1.No fence or wall shall obstruct the view of adjoining property owners entering or leaving the public/private street, nor obstruct the visibility at street intersections (refer to Development Regulations 9.6.8).

2.A fence or wall may be placed up to the applicant’s property side or rear lot line, but shall not encroach onto adjacent property or any easement without written permission from the property owner or easement holder.

3.Fences or walls along a public or private street shall be setback a minimum of three

(3)feet from the property line.

4.Encroachment within a drainage easement shall require approval of a Drainage Easement Agreement in a form approved by the City Manager.

5.No fence or wall shall be placed or permitted in the public right-of-way. It is in violation of this Ordinance to place any fence or wall within the public right-of-way and it shall be removed immediately.

6.Adequate provisions shall be made for access of normal utility service (including but not limited to garbage collection as well as water, gas and electricity meters and cutoffs), mail delivery and emergency responders.

B.Design Standards.

1.Fences shall be constructed of durable weather proof materials such as wood, brick, stone and metal.

2.Walls shall be constructed of wood, concrete, concrete block, brick, stone or cultured stone. Concrete or concrete block that is visible from adjacent property shall be painted or stained.

3.All parts of a fence or wall visible from adjacent property shall be colored to compliment the principal building and shall be finished with natural wood colors, white, beige, ivory, cream, off-white, black or dark green. Chain link type fences may be unfinished if constructed of galvanized metal.

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4.The finished side shall face the exterior of the property.

5.Woven wire, chain link or metal mesh fences placed along a public or private street shall be screened by landscaping between the fence and property line subject to approval by the City Manager.

C.Maintenance.

1.The fence or wall shall be maintained by the property owner(s) at all times, in appearance and structural integrity.

2.All fences and walls shall be maintained in good condition, so as to present a neat and orderly appearance. Peeling, flaking, chipped or fading exterior surfaces shall be eliminated and refinished. The City Manager may cause to be removed after due notice any fence which shows gross neglect, becomes dilapidated, or is subject to removal under any other provision of this Ordinance.

D.Electrified Fences.

1.Electrified fences shall be limited to a side and rear yard and shall be enclosed by at least a four (4) foot high perimeter fence.

2.Electrified fences shall not extend above exterior perimeter fence.

3.Fence chargers shall be a commercially made Underwriters’ Laboratories (UL)

approved device retailed for safe residential use around adults and small children.

Maximum output shall be limited to .50 joules.

4.The installation of an electric fence shall be clearly indicated by a warning sign placed at 100’ intervals along the outer perimeter or at least one on each side and rear lot line to be approved by the City Manager.

5.Adequate provisions shall be made for access of normal utility service (including but not limited to garbage collection as well as water, gas and electricity meters and cutoffs), mail delivery and emergency responders such that the charging device and fence can be disabled or bypassed for entry.

E.Walls or fences in a Residential Zoning District.

Fences and walls located within a residential zoning district shall be subject to the following additional requirements:

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1.No such fence or wall shall be constructed with: barbed wire, razor wire, spikes, glass, tires, junk or other discarded materials.

2.Maximum height is eight (8) feet. Engineered retaining walls higher than eight (8)

feet may be permitted upon approval of an administrative variance.

3.The maximum height of a fence or wall in the front yard shall be four (4) feet subject to visibility requirements above. For the purposes of this section, on corner lots and/or other lots with multiple frontages, the City Manager shall determine which yard is considered a front and which yard is considered a side. All fences shall be subject to the visibility requirements above and the City Manager may impose conditions pertaining to the location and design of any fence within a front yard in order to maintain a tasteful appearance that is visually consistent with other nearby properties. Chicken wire, hog wire, or welded wire mesh may only be used as a backing on the interior side of an approved wooden picket or rail fence and shall be securely attached. Hog wire backing shall not contain barbed wire.

4.Chicken wire, hog wire or welded wire mesh may only be used as a backing on the interior side of an approved wooden picket or rail fence and shall be securely attached. Hog wire backing shall not contain barbed wire.

§ 701

Structures Excluded from Height Limitations.

The height limitations of this Ordinance shall not apply to church spires, belfries, flagpoles, monuments, cupolas, domes, ornamental towers, nor to observation towers not intended for human occupancy, water towers, transmission towers, radio or television towers or aerials (other than as provided in Article 13.5), chimneys, smokestacks, conveyors, derricks, parapet walls extending not more than four (4) feet above the roof line of the building, or to necessary mechanical roof appurtenances.

§ 702

Substandard Lots of Records.

Any lot of record existing at the time of the adoption or amendment of this Ordinance, which has an area or a width that is less than is required by this Ordinance, may be used, subject to the following exceptions and modifications:

1.Adjoining lots. When two (2) or more adjoining lots of record with continuous frontage are in one (1) ownership at any time after the adoption or amendment of this Ordinance and such lots, individually, have an area or width that is less than required by this Ordinance, such groups of lots shall be considered as a single lot or several lots of the minimum width and area required in the district in which they are located.

2.Individual lot that does not meet the minimum lot size requirements. Except as set forth in subsection (1) of this section, in any district in which single-family dwellings are permitted, any lot of record existing at the time of adoption or amendment of this

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Ordinance, which has an area, width or depth less than that required by this Ordinance, may be used as a building site for single-family dwelling.

In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, the Zoning Board of Appeals is hereby authorized to reduce the side yard requirements for such lot the minimum amount necessary for a reasonable dwelling, but in no case shall each of the side yards be less than five (5) feet in width.

§ 703

Reduction of Front Yard Requirements for Dwellings.

The front yard requirements of this Ordinance for dwellings shall not apply on any lot where the average depth of the front yard of existing buildings located wholly or in part within one hundred

(100)feet on each side of such lot within the same block or zoning district and fronting on the same side of the street is less than the minimum required front-yard depth. In such cases, the depth of the front yard on such lot may be less than the required front-yard depth but shall not be less than the average of the front yards of the aforementioned existing buildings.

§ 704

Temporary Buildings.

A temporary building or buildings for use in connection with a construction project or land subdivision development shall be required to acquire a temporary permit for a period of six (6) months. If the temporary building or buildings is needed for a period beyond six (6) months, re-application may be made at the end of the six (6) month period.

§ 705

Permitted Encroachments upon Required Setbacks.

Cornices, eaves, chimneys, landings, porches, bay windows, or other similar architectural features may extend into the required front, side, and rear yard provided such extensions do not exceed three (3) feet. Decks and patios may extend into the side or rear yard but no closer than five (5) feet from any property line. Steps and landings may extend into the required setbacks provided such extensions do not exceed ten (10) feet for the front yard and three (3) feet for side yards. Steps and landings may extend into the rear yard, but, no closer than five (5) feet from the property line. Canopies, covered entrances or walkways for non-residential day care facilities, churches, or other similar uses may extend into the required side or rear yard provided such extension does not exceed three (3) feet and may extend into the required front yard provided such extensions do not extend to a point any closer than fifteen (15) feet from the street right-of-way line or future right-of-way line as designated on the Long Range Road Classification Map of the City of Sugar Hill or Gwinnett County, whichever is greater. However, canopies over pump islands or over sidewalks may extend up to the street right-of-way line or future right-of-way line as designated on the Long Range Road Classification Map of the City of Sugar Hill or Gwinnett County, whichever is greater.

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ARTICLE 8.

NON-CONFORMING USES