Zoning regulations are the rules that determine how parcels of land may be used or developed. When owners want to use or develop property in a manner that does not conform to the current zoning district regulations, they must apply for a change of zoning or what is commonly described as a 'Rezoning'.
To obtain City support, the applicant should demonstrate that the proposed rezoning is consistent with the City of Snellville Comprehensive Plan and benefits the community as a whole. Zoning applications are considered by the Planning and Development Department and Planning Commission and decided by the Mayor and Council. Some applications may also require a Future Land Use Map amendment, which can be processed in conjunction with a rezoning request.
The Snellville Board of Zoning Appeals is a group of Citizens appointed by the Mayor and conformed by Council to serve a four-year post and are empowered to hear and decide variances and appeals. A variance is a waiver from the requirements of the Unified Development Ordinance, where specific enforcement would result in unnecessary hardship. Seeking a variance is asking for something special that goes beyond the established limits or restrictions of the City of Snellville codes and regulations.
An appeal may be filed where it is alleged that there is error in any order, requirement, decision or determination made by the Planning Director and may be requested by any person aggrieved or affected by a decision of the Planning Director. Appeals must be filed within 30-days after such decision is made by filing the application of appeal in the Department of Planning and Development. Recourse from the decisions of the Board of Appeals shall be to the Gwinnett County Superior Court.
The Unified Development Ordinance identifies certain land uses which do not precisely fit into existing zones, but may be allowed upon approval of a special use permit (SUP). A special use permit allows the City to consider uses which may be essential or desirable, but which are not allowed as a matter of right within a zoning district, through a public hearing process. An application for a special use permit may be submitted at the same time as a rezoning application and land use plan amendment application should the use require a zoning map amendment and land use map amendment, and which is processed and considered in conjunction with these applications.
Property owners may also submit a Change-in-Conditions application to alter or remove conditions of zoning that were attached to the property through a prior rezoning action. These applications are to be submitted and processed in accordance with all provisions applicable to zoning map amendments through the Planning Department and follow the same public-hearing before the Planning Commission and City Council for final public hearing and consideration. The City Council may add or delete conditions that are more or less restrictive than the regulations of the UDO.
Rezoning Change-in-Conditions Process