§ 270-20. Zoning Ordinance Text and Map Amendments.

270-20.1   Zoning Ordinance and Official Zoning Map Amendment Procedure.

A.

The Zoning Ordinance (as contained in Titles 1 and 2 of this UDO), including the Official Zoning Maps, may be amended from time to time by the Board of Commissioners, but no text or map 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 30 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 thirty-day period.

270-20.2   Public Hearing Required.

A.

Before the Planning Commission submits a report or the Board of Commissioners enacts an amendment, they shall each hold a public hearing thereon.

B.

At least fifteen but not more than forty-five days prior to the date of each such hearing, the Board of Commissioners shall cause to be published within a newspaper of general circulation within the territorial boundaries of Gwinnett County, a notice of the hearing. The notice shall state the time, place and purpose of the hearing.

C.

If a proposed amendment is for the rezoning of property and involves a change in the zoning classification of 25 or fewer parcels of land, then:

1.

The notice, in addition to the requirements 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 above shall be placed in a conspicuous location on the property not less than fifteen days prior to the date of the hearing. The sign shall be placed in accordance with the Gwinnett Public Notification Policies for Rezoning, Special Use Permit, and Variance Applications.

270-20.3   Initiation of Amendments. Applications for amendment of the text or maps of the Zoning Ordinance may be initiated by resolution of the Board of Commissioners, or by motion of the Planning Commission, Director of Planning and Development, or by petition of any property owner addressed to the Board of Commissioners. 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.

270-20.4   Limitation on Permits. Once a map amendment is initiated by the Board of Commissioners, no application for a clearing, grubbing, grading, septic tank, building, development or other similar permit, or for a Variance or Special Use Permit for the affected property shall be accepted for processing or acted upon until final action is taken by the Board of Commissioners on the proposed map amendment. Provided, however, that if the Board of Commissioners does not take final action on the proposed map amendment within six (6) months from the date of initiation, Permit, Variance and Special Use 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.

270-20.5   Standards Governing Exercise of the Zoning Power. The Board of Commissioners 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 Unified Plan and Future Development Map; 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.

270-20.6   Impact Analysis. If a proposed amendment is for the rezoning of property and involves a change in the zoning classification of 25 or fewer parcels of land, then:

A.

The initiating party, if a party other than the Board of Commissioners, 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 270-20.5, above. Such a zoning proposal and analysis shall be a public record.

B.

The Department shall, with respect to each such zoning proposal, investigate and make a recommendation with respect to each of the matters enumerated in Section 270-20.5 above.

C.

The Department shall make a written record of its investigation and recommendations, and this record shall be a public record.

D.

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 270-20.5 above. The Planning Commission shall make a written record of its investigation and recommendations, and this record shall be a public record.

270-20.7   Action by Board of Commissioners. Following its public hearing the Board of Commissioners may:

A.

Approve the proposed amendment as presented;

B.

Approve the proposed amendment with conditions;

C.

Approve a similar or less intense use (including special uses), with or without conditions, if the proposed amendment is for the rezoning of property;

D.

Deny the proposed amendment in whole or in part;

E.

Refer the matter back to the Planning Commission for reconsideration;

F.

Table final action to a future regularly scheduled business session or public hearing, or table the final action indefinitely.

270-20.8   Plans and Other Documents Showing Proposed Use and Impact Required. An application for an amendment to create or extend a Zoning District shall be accompanied by a sketch plan at scale and such other plans, elevations or additional information as the Director and this Ordinance may require, showing the proposed development and its impact on natural and built systems. Additional information may include without limitation traffic studies, utility studies, and drainage studies.

270-20.9   Change in Conditions of Zoning. Changes to the conditions of an approved Rezoning shall be subject to the same application, review and approval process as a new application, including the payment of relevant fees.

270-20.10   Actions to be Taken if Plans are not Implemented within Specified Time Limits.

A.

For any zoning map amendment for which the Board of Commissioners is not the applicant, and upon which property no development permit, building permit, or certificate of occupancy has been issued within 12 months of the date of approval of said amendment, the Board of Commissioners may review the zoning district classification of the property and determine whether it shall be continued or initiated for rezoning.

B.

Such properties shall first be reviewed by the Planning Commission, which shall make such findings and recommendations as it deems appropriate.