ZONING 101

The Atlanta Journal-Constitution
Published on: 03/28/08

PROCESS

Every piece of property in Gwinnett County has a zoning designation that tells landowners what they can do with the property without getting government approval. The owner of a wooded property with a commercial zoning classification, for example, has the right to build a shopping center, no questions asked. Yet that owner would need a zoning change to build offices on the land.

Here's what generally happens when someone wants to ask for a change to the land-use plan in unincorporated Gwinnett, which is home to 80 percent of the county's population. Gwinnett's cities make their own land-use decisions, but the process is similar:

STEP ONE

A landowner applies to amend the county's land-use plan. The owner might want to rezone the land from residential to commercial, change a condition of a previous zoning or ask to do something not covered in the code.

STEP TWO

After reviewing the application, county staff planners recommend whether elected officials should approve or deny the request.

STEP THREE

The Gwinnett County Planning Commission, a board appointed by the County Commission, holds a hearing, typically a month to a year or more after it's filed. It can vote to recommend approval or denial or to delay consideration of a project.

STEP FOUR

The Gwinnett County Commission holds another hearing, typically three weeks after the Planning Commission's hearing, to decide on the request.

FAQ

Q: How do I get information about rezoning requests?

A: Every request begins with an application to the local government. These applications say where the land is, explain the requested change and include a letter describing the project. State law allows you to read and copy these documents. For land in unincorporated Gwinnett County, the applications are at 446 W. Crogan Drive in Lawrenceville. Or go online to www.gwinnettcounty.com (click on "Zoning Information" and then "Zoning Administration" and then "Applications Received").

Later in the process, usually just before the first public hearing on a rezoning request, an analysis becomes public. It includes the planning staff's recommendations about the project. These documents usually contain more detailed information about possible problems with the project, such as traffic or conflicts with nearby property uses. You can get these documents the same way you can see the applications described above —- by going to county offices on West Crogan Drive in Lawrenceville or by going online.

Q: Does the staff's proposal mean a decision has been made?

A: No. The county commissioners make the final decision, and they sometimes see things differently than county planners.

Q: When are public hearings held?

A: The county planning commission meets at 7 p.m. on the first and third Tuesdays of each month at the Gwinnett County Justice and Administration Center, 75 Langley Drive. Most rezoning requests are heard at the first meeting of the month. The county commissioners hold hearings in the same building at 7 p.m. on the fourth Tuesday.

If you live near the rezoning site, you should have seen signs advertising public hearings at least 15 days in advance. If you live really close, typically less than 1,000 feet from the property line, you should have gotten a letter in the mail. You can also find out about public hearings at www.gwinnettcounty.com.

Q: On what criteria are rezoning cases decided?

A: Governments try to walk a fine line between private property rights and the need to protect the public good. Gwinnett and other governments use standards from a 1985 state law to help navigate those shoals. These standards ask if any given rezoning will:

* allow "a use that is suitable in view of the use and development of adjacent and nearby property"

* "adversely affect the existing use or usability of adjacent or nearby property"

* result in "burdensome use of existing streets, transportation facilities, utilities or schools"

* conform "with the policy and intent" of the county's land-use plan

The standards also urge planners to consider whether land subject to rezoning "has a reasonable economic use as currently zoned" and if there are "other existing or changing conditions" that could be grounds to support or reject the request.

Q: How can I get involved?

A: Stay informed. Contact your elected officials and members of the planning commission if you have opinions or concerns. Many community groups have reported success meeting with developers before a particular request gets to the stage of a hearing before the planning commission.

Q: What if I don't like a decision?

A: Georgia law limits who can successfully sue to overturn a decision of elected officials. Typically, it has to be the landowner or someone nearby who will be directly harmed by the decision, and not simply a community resident who didn't like what happened. You typically have 30 days to decide.

FYI

DISTRICT 1

Lorraine Green —- Commissioner —- 770-822-7001

Lorraine.Green@gwinnettcounty.com

Peggy Boydston —- Vice Chairman —- 770-963-1572

Peggy.Boydston@gwinnettcounty.com

Eric Johansen —- Chairman —- 404-355-6700

eric.johansen@gwinnettcounty.com

DISTRICT 2

Bert Nasuti —- Commissioner —- 770-822-7002

Bert.Nasuti@gwinnettcounty.com

Jose R. Perez —- 770-447-6019

jperez@targetmarkettrends.com

Lynette M. Howard —- 770-447-9479

LynetteGwinnett@comcast.net

DISTRICT 3

Mike Beaudreau —- Commissioner —- 770-822-7003

Mike.Beaudreau@gwinnettcounty.com

Chuck Warbington —- 770-449-6515

chuck@gwinnettvillage.com

Teresa Cantrell —- 770-822-3099

Teresa.Cantrell@gwinnettcounty.com

DISTRICT 4

Kevin Kenerly —- Commissioner —- 770-822-7004

Kevin.Kenerly@gwinnettcounty.com

Paula Hastings —- 404-290-3764

Paula.Hastings@gwinnettcounty.com

Floy Jumper —- 770-614-4202

Floy.Jumper@gwinnettcounty.com

AT LARGE

Charles E. Bannister —- Commission Chairman

770-822-7010 - Charles.Bannister@gwinnettcounty.com

Julianne Thompson

404-798-4663 —- Julianne.Thompson@gwinnettcounty.com

FOR LAND IN CITIES:

Auburn: 770-963-4002, ext. 206

Berkeley Lake: 770-368-9484

Braselton: 706-654-3915, ext. 6

Buford: 770-945-6761

Dacula: 770-963-7451

Duluth: 770-476-1790

Grayson: 770-963-8017

Lawrenceville: 770-963-2414, ext. 6583

Lilburn: 770-921-2784

Norcross: 678-421-2027

Snellville: 770-985-3513

Sugar Hill: 770-945-6734

Suwanee: 770-945-6583

FOR UNINCORPORATED LAND:

You can call the Department of Planning and Development at 678-518-6000 or visit www.gwinnettcounty.com. Click on "Departments" and then "Planning and Development."

 Numbered map of Gwinnett County locates cities and four districts.

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