§ 270-130. Administrative Variances.

270-130.1  The Director shall have the power to grant variances (except for density and use variances) from the development standards as established in Title 2 and applicable Sections of Title 3 of the UDO where, in his/her opinion, the intent of the ordinance can be achieved and equal performance obtained by granting a variance.

270-130.2  The authority to grant such variances shall be limited to variances from the following requirements:

A.

Front yard or yard adjacent to public street - variance not to exceed 10 feet.

B.

Side yard - variance not to exceed 5 feet.

C.

Rear yard - variance not to exceed 10 feet.

D.

Height - variance up to but not exceeding 10 feet, provided that no increase in the height for a sign or fence 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 Chapter 610 may be reduced by no more than 50 percent where the Gwinnett County 2030 Unified Plan recommends a more compatible land use on the neighboring property than that for which said property is actually zoned, or in other situations where the intent of the required buffer can be equally or otherwise achieved; provided, however, that no buffer required as a condition of zoning shall be modified.

F.

Demarcation of parking spaces - parking spaces may be left unmarked, provided all the 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 the 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 Department of Transportation and the Department of Fire and Emergency Services.

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 setback 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.

H.

Reduction in unit width for villas in R-TH Zoning District, not to exceed 10 feet.

I.

The Director shall have the power to grant variances from the requirements of Title 2 of the UDO regarding the keeping of livestock and household pets within residential zoning districts, where, in his/her opinion, the intent of the amendment can be achieved and equal performance be obtained by granting a variance. Other than for conditions of zoning which specify a minimum area or distances for animal quarters, the Director may grant the following variances:

1.

For livestock or cattery, a reduction of no more than 25 feet in the minimum distance to any property line.

2.

For kennels and fur farms, a reduction of no more than 50 feet in the minimum distance to any property line.

3.

The minimum distance to any property line for any animal quarters may be further reduced when a property line abuts a Flood Hazard area, steep slopes, ravines or other features which would provide a separation between the animal quarters and the uses on abutting property equal to or exceeding the minimum requirements of the UDO.

4.

The reduction of the minimum area required for the keeping of livestock as specified within the R-100 Single Family Residence District up to maximum of 10 percent of the minimum area required.

5.

Reduction of the minimum distance to any property line for animal quarters for wild animals up to a maximum of 50 feet.

270-130.3   Application Procedures.

A.

Application form and Documentation. The application shall be in such a form and contain such information and documentation as shall be prescribed by the Department, but shall contain at least the following:

1.

Name and address of the applicant.

2.

Legal description of the subject property.

3.

Size of the subject property.

4.

A statement of the hardship imposed on the applicant by the UDO and a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.

5.

A notarized letter of consent for proposed variance from adjoining property owners as required.

6.

A non-refundable application fee shall accompany the application, as established from time to time by the Board of Commissioners, to defray the actual cost of processing the application.

B.

Standards for Issuance of Administrative Variances. In deciding whether to grant an application for an Administrative Variance, the Department shall consider all of the applicable standards provided in Title 2 and Title 3 of the UDO.

(Ord. No. UDOA2014-00001(GCID No. 2014-0548), 7-22-14)

TITLE 3: DEVELOPMENT & PERMITTING