Persons may appeal for relief from the requirements of this chapter under the following circumstances:

(1)

Hardship variance. A hardship variance may be granted by the city council, subject to the provisions in this section.

(2)

Special exception variance. The city council may grant special exception variances subject to the provisions of this chapter and as set forth below.

(3)

Appeal from an administrative decision. Persons may appeal to the city council from certain decisions made by the zoning administrator as set forth in this section.

(4)

Administrative waiver. The city administrator is authorized to waive certain requirements of this chapter subject to the provisions in this section.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

A request for a hardship variance shall be made on forms provided by the city administrator and shall be submitted by the property owner or the property owner's agent or designee. The city council shall hear applications for hardship variances, and the city council may authorize such variances from the terms of this chapter as will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Hardship variances may only be granted to the extent necessary to alleviate such unnecessary hardship, and such variances shall not be granted merely for convenience to the applicant or to allow the applicant to gain advantage over similarly zoned properties.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Hardship variances may be granted in such individual cases of unnecessary hardship upon a finding by the city council that;

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(2)

The application of this chapter to this particular piece of property would create an unnecessary hardship.

(3)

Such conditions are peculiar to the particular piece of property involved; and

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter.

(b)

No variance may be granted for a use of land or building or structure that is prohibited by this chapter. No variance may be granted that would conflict with or alter a condition imposed by the city council as part of a rezoning, except for setback variances which are less than 25 percent than the underlying requirement and do not alter the basic tenets of any site plan included and approved as a condition.

(c)

Sign variances are governed by section 140-477.

(d)

If denied, an application for the approval for the same hardship variance affecting the same property shall not be made or considered for a period of six months from the date of denial.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The city council shall hold a public hearing before making its decision on all requests for hardship variances.

(1)

Applications. Application for a hearing and decision on requests for hardship variances shall be filed with the zoning administrator on provided forms at least 30 days prior to the meeting at which they are to be heard. Each application shall contain such information as the zoning administrator may require to enable the city council to make its decision. Each application for a variance shall include the following information:

a.

Original notarized signatures of titleholder and representative.

b.

If the titleholder is a domestic or foreign corporation, then the following documentation shall also be required:

1.

A notarized statement under oath that the individual signing on behalf of the corporation is duly authorized to execute the variance application on behalf of the corporation and that the execution of this specific variance application has been duly authorized;

2.

That any officer of the corporation executing the document does in fact occupy the official position indicated, that one in such position is duly authorized to execute such document on behalf of the corporation, and that the signature of such officer subscribed thereto is genuine; and

3.

That the execution of the document on behalf of the corporation has been duly authorized.

c.

A copy of the warranty deed that reflects the current owner of the property.

d.

A current legal description of the subject property.

e.

A copy of current plot plan and current boundary survey drawn to scale and stamped by a registered engineer, architect, land planner, or land surveyor currently registered in accordance with applicable state laws. These plans must include:

1.

North arrow;

2.

Land lot lines;

3.

District lines;

4.

Lot lines;

5.

Angles;

6.

Bearing and distances;

7.

Adjoining street with right-of-way (present and proposed);

8.

Paving widths;

9.

The exact size and location of all buildings along with intended use;

10.

Buffer areas;

11.

Parking spaces;

12.

Lakes and streams;

13.

Utility easements;

14.

Limits of the 100-year floodplain and acreage of floodplain;

15.

Cemeteries;

16.

Wetlands;

17.

Access points; and

18.

Stream buffers.

f.

A copy of the paid tax receipt for the subject property. Properties with delinquent taxes may be withdrawn by staff and/or delayed or denied by the city council.

(2)

Notice of hearing. At least 15 days notice of the time and place of hearing shall be sent to the applicant by regular mail. A notice to the address provided by the applicant that has a postmarked envelope 15 days prior to the time, date and place of the hearing shall be deemed compliance with this section. The zoning administrator shall also post, in a conspicuous place on the property, a sign or signs which shall contain information as to the date, time, and purpose of hearing before the city council, at least 15 days before the hearing. However, acts of vandalism of natural occurrences which limit the effectiveness of such public notice as to posting the property shall not void the proceedings or actions taken under this article. In addition, the zoning administrator, at least 15 days prior to the date of the hearing, shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city, a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. The applicant shall pay for said publication of the notice, and the publication fee shall be an additional fee that must be paid by the applicant prior to the hearing being held by the city council.

(3)

Hearing procedure. The applicant shall be entitled to present evidence on matters before the city council. Following the presentation of the applicant's case, anyone in opposition to the application may present evidence in opposition to the application. Similarly, the zoning administrator, by and through the city attorney, may present evidence bearing on the application. Following the close of evidence, the city council shall make its decision on the application.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

A request for a special exception variance on a property shall be brought by the property owner or, with the owner's permission, the holder of or applicant for a permit for development or construction on the property. The city council shall hear and decide special exception variances as set forth in this chapter and as set forth below:

(a)

General limitations on relief. Special exception variances shall be limited to relief from the following requirements of this zoning code:

(1)

Time limitations on the temporary use of a manufactured home for residential purposes outlined by section 140-18(d)(l).

(2)

Appearance standards of the code pertaining to single family dwelling.

(3)

Maximum building height.

(4)

Minimum building setbacks.

(5)

Minimum lot width.

(6)

Automobile parking requirements.

(7)

Screening and buffer requirements.

(b)

Standards for special exception variance approval. A special exception variance may be granted upon finding that the relief, if granted:

(1)

Would not cause substantial determent to the public good; and

(2)

Would not be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity; and

(3)

Would not dimmish and impair property values within the surrounding neighborhood; and

(4)

Would not impact the purpose and intent of the Code.

(c)

Limitations on special exception variance approval. In no case shall a special exception variance be granted from the conditions of approval imposed on a property through a zoning change granted by the city council.

(d)

Restrictions on re-filing a special exception variance if denied. If denied, an application for the same approval of a special exception variance affecting the same property shall not be reconsidered for a period of six months from the date of denial.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The city council shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, development or building, permit, decision, determination, or refusal made by the zoning administrator in the administration or enforcement of any provision of this chapter. Such appeals shall be in accordance with the following:

(1)

An appeal may be taken by any person, firm, corporation, governmental officer, department, board, or agency affected or aggrieved by any decision of the zoning administrator with respect to this chapter.

(2)

Such appeal shall be made within ten days following notification of the decision appealed from, by filing with the zoning administrator a notice of appeal and specifying the grounds thereof. The zoning administrator shall forthwith transmit to the city council all the papers constituting the record upon which the action appealed from was taken.

(3)

The appellant shall be entitled to present evidence on matters before the city council. Similarly, the zoning administrator, by and through the city attorney, may present evidence bearing on the appeal.

(4)

The city council may, in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and to that end shall have all the powers of the zoning administrator. The city council may direct the issuance of a permit. It shall be the duty of the zoning administrator to carry out the decisions of the city council.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The city administrator is authorized to reduce specific site design and development standards of this chapter where the intent of the chapter can be achieved and equal performance obtained by granting a waiver of standards. The authority to grant a waiver shall be limited to the following:

(1)

A reduction in the minimum front, side, or rear yard setbacks for a single lot, provided the following standards are met:

a.

The reduction is necessary because of geologic conditions, topography, or the inability to adhere to landscaping, buffer and tree protection standards of this chapter.

b.

The reduction is limited to a maximum of 20 percent of the minimum standard.

(2)

A reduction in the parking requirement, provided the following standards are met:

a.

The reduction is necessary in order to implement landscaping, buffer, and tree protection standards of this chapter; and

b.

The reduction is limited to either two spaces or two percent of the parking requirement, whichever is greater; and

c.

The reduction does not limit the availability or location of required handicapped parking.

(3)

A reduction in landscaping or buffer requirements, provided the following standards are met:

a.

The reduction is necessary due to particular physical conditions of the property, such as the shape of the lot, topography, presence of bodies of water, or other natural features;

b.

The reduction is limited to ten percent of the otherwise required width of the buffer; and

c.

The reduction is limited to ten percent of the otherwise required plant materials.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

To defray a portion of the costs occasioned thereby, the city council may, by resolution, adopt a fee schedule for applications for hardship variances, special exception variances, appeals, and requests for administrative waivers, and no hardship variance, special exception variances, appeal, or administrative waiver shall be heard or considered until such time as the fee, if any, is paid.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Any party aggrieved by a final judgment or decision of the city council may, within 30 days thereafter, appeal therefrom to the superior court or court of like jurisdiction for a writ of certiorari in accordance with O.C.G.A. § 5-4-1 et seq.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)