§ 270-100. Variances to the Zoning Board of Appeals.

270-100.1   Authority. Unless otherwise provided for in the UDO, the Zoning Board of Appeals shall have authority to grant variances from the requirements of Title 2, in accordance with the standards and procedures as set forth in this Section.

270-100.2  The purpose of a variance is to provide a mechanism when, owing to special conditions, the strict application of Title 2 would impose on a landowner exceptional and undue hardship that can be mitigated without conferring on the applicant special privilege.

270-100.3   Initiation. A written petition for a variance is to be initiated by the owner(s) of the subject property or the authorized agent(s) of the owner(s) of the property for which relief is sought. Applications shall be filed on forms provided by the Department and shall not be considered accepted unless complete in every respect. Application fees shall be as established by the Board of Commissioners.

270-100.4   Application Procedures. An application for a variance shall be filed with the Department, accompanied by a non-refundable fee, as established from time to time by the Board of Commissioners, to defray the actual cost of processing the application. The application shall be in such form and shall contain at a minimum the following information and documentation:

A.

Name, address, telephone number, fax number and email address of owner(s) and applicant, if not owner.

B.

Legal description, street address, lot number and subdivision name, if any, of the property that is the subject of the application.

C.

The size of the subject property.

D.

The purpose for the requested variance, and a statement of the intended development of the property if the variance is granted.

E.

The specific provision of Title 2 from which a variance is requested.

F.

A statement explaining how the proposed variance is consistent with the general spirit and intent of Title 2 of the UDO and the Unified Plan.

270-100.5   Staff Report. The staff of the Department shall conduct a site inspection and shall prepare an analysis of each application for variance. The staff report shall be presented in written form to the Zoning Board of Appeals at least 7 days prior to the scheduled hearing date.

270-100.6   Public Hearing Procedures.

A.

Before the Zoning Board of Appeals acts upon an application for a Variance, it shall hold a public hearing thereon.

B.

The notice of the time and place of such hearing shall be published at least 15 days prior to the hearing in the official organ/of the County. At the hearing any party may appear in person or by agent or attorney.

C.

In addition, the applicant shall erect in a conspicuous place on the property involved a sign which shall contain information as to the Variance applied for and the time and place of hearing. Said sign shall be erected in accordance with the Gwinnett County Public Notification Policies for Rezoning, Special Use Permit, and Variance Applications.

270-100.7   Standards for Granting Variances.

A.

Granting Variances. The Zoning Board of Appeals shall not grant a variance unless evidence is presented supporting conclusions that the variance meets each of the following criteria:

1.

Arises from a condition that is unique and peculiar to the land, structures and buildings involved.

2.

Is necessary because the particular physical surroundings, the size, shape or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee or occupants; as distinguished from a mere inconvenience, if the provisions of Title 2 of the UDO are literally enforced.

3.

The condition requiring the requested relief is not ordinarily found in properties of the same zoning district as the subject property.

4.

The condition is created by the regulations of Title 2 of the UDO and not by an action or actions of the property owner or the applicant.

5.

The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety or substantially diminish or impair property values within the neighborhood.

6.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures.

7.

The variance desired will not be opposed to the general spirit and intent of Title 2 of the UDO or the purpose and intent of the Gwinnett County 2030 Unified Plan.

B.

No variance shall be authorized to:

1.

Allow a structure or use not authorized in the applicable zoning district or a density of development that is not authorized within such district.

2.

Allow any variance that conflicts with or changes any requirement enacted as a condition of zoning or of a Special Use Permit by the Board of Commissioners.

3.

Reduce, waive or modify in any manner the minimum lot area established by the Board of Commissioners through a special condition of approval.

4.

Permit the expansion or enlargement of any non-conforming use of land, non-conforming use of land and buildings in combination, non-conforming use of land and structures in combination, or non-conforming use requiring a Special Use Permit.

5.

Permit the re-establishment of any non-conforming use of land, non-conforming use of land and buildings in combination, non-conforming use of land and structures in combination, or non-conforming use requiring a Special Use Permit where such use has lapsed.

6.

The Zoning Board of Appeals may attach reasonable conditions to a variance when necessary to prevent or minimize adverse impacts upon property or the environment.