A variance is a relaxation of the development standards of the zoning ordinance, not a change in a zoning district, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

An application for a variance shall be submitted to the zoning administrator along with the appropriate fee. The applicant shall provide such information as the planning commission shall require. A variance application that is denied may not be resubmitted for a period of six months.

After acceptance of any application for a variance, the zoning administrator shall transmit a copy to each member of the planning commission for their review and recommendation, which recommendation is advisory only. Further, the zoning administrator will provide a copy of the application to each city councilmember and the mayor. Before recommending a proposed variance to the city council, the planning commission shall hold a public hearing thereon. At least 15 days prior to the hearing, notice shall be published in a newspaper of general circulation which shall state the time, date and place of the hearing. The planning commission shall have a 60-day period subsequent to the receipt of the application by the zoning administrator within which to make its recommendation to the city council. If the planning commission fails to make its recommendation within 60 days. it shall be deemed to have recommended the requested change or departure, which recommendation is advisory only.

(Ord. of 06-15-2023(1), § 2(A))

Editor's note— Ord. of June 15, 2023(1), § 2(A) repealed the former § 13-3 and enacted a new § 13-3 as set out herein. The former § 13-3 pertained to public hearing and derived from Zoning Ordinance of March 4, 2002.

A.

Notice to interested parties. A notice of the date, time and place of the planning commission hearing shall be sent by the zoning administrator via certified mail to the applicant and adjacent property owners. All application files shall be placed in the custody of the zoning administrator, and shall be open to the public for inspection during regular office hours.

B.

Policies and procedures. The public hearing shall be conducted by the planning commission. No one may speak until recognized by the presiding official, and then each speaker must state his name and address. Those who intend to speak shall sign up with the zoning administrator prior to the meeting.

C.

Public notice of policies and procedures. The policies and procedures listed in subparagraph (B) above shall be available to the public as a printed handout at every public hearing.

Erection of sign. Within 15 days prior to the public hearing held by the planning commission, a sign provided by the city shall be erected by the zoning administrator, which sign shall read as follows:

NOTICE TO THE PUBLIC

ZONING/SPECIAL EXCEPTION/VARIANCE NOTICE

The following change for a (insert as appropriate, one of the following: zoning amendment/special exception/variance) in the City of Brooklet has been requested on (insert date) by (insert name of applicant) with respect to property located at (insert property address), the same being approximately (insert acreage) acres with a current zoning classification of (insert current zoning classification) and a requested zoning classification of (insert requested zoning classification, if applicable). A public hearing conducted by the (insert Planning Commission or City Council, as appropriate) will be held at Brooklet City Hall, 104 Church Street at (insert time) on (insert date). The public is invited. For more information, you may call the zoning administrator at (912) 842-2137.

(Ord. of 06-15-2023(1), § 2(B))

Editor's note— Ord. of June 15, 2023(1), § 2(B) repealed the former § 13-5 and enacted a new § 13-5 as set out herein. The former § 13-5 pertained to posting of property and derived from Zoning Ordinance of March 4, 2002.

The planning commission shall recommend, and the city council shall grant, variances only upon a finding of hardship, as follows:

A.

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

B.

The application of the zoning ordinance to this particular piece of property would create an unnecessary hardship; or

C.

There are conditions that are peculiar to the property involved which adversely affect its reasonable use or usability as currently zoned; or

D.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose or intent of the zoning ordinance. In no event shall a variance be granted for a use of land or structure that is prohibited in a given district by this section.

(Ord. of 06-15-2023(1), § 2(C))

Before a variance is granted or denied, a public hearing on the variance shall be held. At least 15 but not more than 45 days prior to the date of the hearing, the zoning administrator 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. Said notice shall also be mailed to the owner of the property that is the subject of the proposed action.

(a)

The city council shall conduct this public hearing. The mayor shall preside at said hearing and shall observe the following procedures: No one may speak until recognized by the presiding official, and then each speaker must state his or her name and address. Those who intend to speak shall sign up with the clerk prior to the meeting. The applicant shall speak first, and present the application and any evidence, opinions or witnesses. The opponents to the proposed change shall present their opposition, evidence, opinions and witnesses. The applicant may have an opportunity for rebuttal. A minimum time of ten minutes per side for the presentation of data, evidence and opinions for each shall be provided. Additional time may be allowed by majority vote of the council, but an equal amount of additional time must be awarded to each side if any is awarded.

(b)

The clerk shall cause printed copies of these policies and procedures for conducting the hearing to be available for distribution to the general public prior to the hearing. Additionally, the clerk shall cause printed copies of the standards for approval set forth in section 13-6 to be available for distribution to the general public prior to the hearing.

(Ord. of 06-15-2023(1), § 2(D))

Editor's note— Ord. of June 15, 2023(1), § 2(D) repealed the former § 13-7 and enacted a new § 13-7 as set out herein. The former § 13-7 pertained to appeal and derived from Zoning Ordinance of March 4, 2002.

The grant or denial of a variance shall be subject to appellate review by the Superior Court of Bulloch County, and shall be brought by way of petition for such review as provided for in O.C.G.A. tit. 5. Such matters shall be reviewed on the record which shall be brought to the Superior Court as provided in O.C.G.A. tit. 5. All such appeals shall be brought within 30 days of the written decision of the appealed action. There are no additional filing or service requirements by the city of Brooklet other than following the requirements for filing and service set forth in O.C.G.A. tit. 5, and the requirements of O.C.G.A. § 36-66-5.1. It is not necessary for any city official to first approve or issue any form or certificate necessary to perfect the petition described in Title 5 for review of the decision being appealed. Furthermore, there is no special requirement except compliance with Title 5 with respect to service of the petition, provided that the mayor of the city of Brooklet may accept service on behalf of the city of Brooklet. An appeal by an opponent shall stay all legal proceedings in furtherance of the action appealed from, unless the city, officer, board, or agency from which or from whom the appeal is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such actions, the applicant for the request for a variance shall be a necessary party and shall be named as a defendant in the action and served in accordance with the requirements of O.C.G.A. tit. 5 or O.C.G.A. tit. 9, as appropriate.

(Ord. of 06-15-2023(1), § 2(D))

Editor's note— Ord. of June 15, 2023(1), § 2(D) repealed the former § 13-8 and enacted a new § 13-8 as set out herein. The former § 13-8 pertained to prohibited variances and derived from Zoning Ordinance of March 4, 2002.

In no case shall a variance be granted for either of the following:

A.

A reduction of minimum lot size; or

B.

A change in a zoning condition imposed by the city council unless changed by appropriate action by the city council.

(Ord. of 06-15-2023(1), § 2(D))

To the extent, if any, that the provisions of the city's zoning ordinance are in any way inconsistent with or in conflict with the Zoning Procedures Law set forth at O.C.G A. § 36-66-1 et. seq., as presently enacted or hereafter amended, the provisions of the Zoning Procedures Law shall prevail.

(Ord. of 06-15-2023(1), § 2(D))