Board of Appeals

Overview

The Board of Appeals is a quasi-judicial body that has the following powers and duties:

Administrative Review:  To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a staff member of the Planning and Development Department in the enforcement of the Unified Development Ordinance; and

Variances and Waivers: To authorize, upon appeal in specific cases, such variance from the terms of this UDO as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the UDO would result in unnecessary hardship. A variance may not be granted by the Board of Appeals unless and until:

A written application for a variance or waiver is submitted demonstrating:

1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same zoning district;
2. That literal interpretation of the provisions of this UDO would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this UDO;
3. That the special conditions and circumstances do not result from the actions of the applicant;
4. That granting the variance or waiver requested will not confer on the applicant any special privilege that is denied by this UDO to other lands, structures, or buildings in the same zoning district.

No nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and no permitted or nonconforming use of lands, will be considered grounds for the issuance of a variance.

The Board of Appeals must further make findings that the requirements of items (1-4 above) have been met by the applicant for a variance or waiver.

The Board of Appeals must further make a finding that the reasons set forth in the application justify the granting of the variance or waiver is the minimum variance that will make possible the reasonable use of the land, building, or structure.

The Board of Appeals must further make a finding that the granting of the variance or waiver will be in harmony with the general purpose and intent of this UDO, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this UDO. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, will be deemed a violation of this UDO that is punishable under its provision.

Reapplication: If an application for a variance or waiver is denied by the Board of Appeals, a reapplication for such variance or waiver may not be made earlier than 12 months from the date of the original application.

Appeals: Any person aggrieved by a decision or order of the Board of Appeals may appeal by certiorari to the Superior Court of Gwinnett County. Such appeal must be filed within 30 days from the date of the decision of the Board of Appeals. Upon failure to file the appeal within 30 days, the decision of the Board of Appeals will be final.

When and where does the Board of Appeals meet?

The Board of Appeals meets on the second Tuesday of each month (as necessary) at 7:30 p.m. in the Council Chambers of City Hall in accordance with the Meeting Schedule adopted by the Mayor and Council. Staff recommendations on each application are submitted to the board in advance of the public hearing.  Please see the Board of Appeals Agendas for current meetings, cancellations or postponements.   

Who are the Board of Appeal members?

The Board of Appeals is comprised of six volunteer Snellville citizens, each appointed by the Mayor and Council to a two-year term beginning July 1. A listing of current Board of Appeal members is provided below. 

I would like to attend the next scheduled Board of Appeals public hearing.  When is it and what cases will be heard?

To see when the next Board of Appeals public hearing will be and to read about the case(s) that will be heard at the public hearing, please visit the Agendas page for a current meeting agenda and review of application(s), staff report(s), and map(s).

I want to apply for a variance to the Unified Development Ordinance, how do I do this?

Please visit our Variance section of the website for additional information and applications. In order to submit a Variance Application, you will be required to demonstrate:

1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same zoning district;
2. That literal interpretation of the provisions of this UDO would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this UDO;
3. That the special conditions and circumstances do not result from the actions of the applicant;
4. That granting the variance or waiver requested will not confer on the applicant any special privilege that is denied by this UDO to other lands, structures, or buildings in the same zoning district.

I want to build a similar structure that my next door neighbor built over ten years ago, but understand that it is considered a "nonconforming structure."  Will the Board rule in my favor and allow me to obtain a Building Permit?

No, nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, shall be considered grounds for the issuance of a variance.

I am interested in becoming a volunteer Board of Appeals member. Who do I notify and how can I be appointed?

An Application for Board Appointment has been developed to identify and qualify eligible Snellville citizens who wish to volunteer their time and service to the City of Snellville and the Mayor and Council. Please mail your completed application to:

Matthew Pepper, City Manager
City of Snellville
2342 Oak Road
Snellville, Georgia  30078