Invariably, at the time a land use and development control ordinance is adopted or amended, certain uses which lawfully existed prior to the adoption or amendment will not conform to the regulations and standards for the districts in which they are located. These are known as nonconforming uses, and in order to feasibly adopt the ordinance, and so as not to cause undue economic hardship on owners of nonconforming uses, these uses are allowed to continue under special conditions as outlined in the following parts of this section:

(a)

Where a nonconforming use of a building or lot has ceased for more than six months or has changed to a permitted or conforming use, further use of the building or lot must be in conformance with the standards and requirements for the district in which it is located.

(b)

A nonconforming use must not be extended or altered unless the extension or alteration is in conformance with the requirements of this ordinance.

(c)

A nonconforming use which is altered or extended must meet applicable Butts County building codes and development regulations. When an applicant seeks a building permit for the extension or alteration of a nonconforming use, the zoning administrator will inspect the unit and determine what (if anything) is needed to bring the unit into conformance with applicable building codes and development regulations. Upon determining that the unit meets applicable building codes and development regulations, s/he will issue the building permit for the nonconforming use.

(d)

If a nonconforming residential building or structure suffers damage, the building or structure may be reconstructed and reused as before if completed within 12 months from the time such damage occurred; a damaged residential building or structure may be reconstructed to its original size and dimensions, even if nonconforming under this ordinance, provided that the residence must be rebuilt within 12 months in conformity with the building code requirements in effect at the time of reconstruction.

(e)

A use which is nonconforming only with respect to screening or buffer requirements must provide required screens or buffers within a period of three years from the effective date of this ordinance. This time period is to allow for the growth of natural vegetative buffers.

(a)

Any lot of record for which a plat or legal description has been legally recorded in the office of the clerk of superior court of Butts County at the time of adoption of this UDO and was in compliance with all county zoning regulations at the time of recording but which fails to comply with the dimensional requirements or lot area requirements for the district in which it is located may, if vacant, be used for any of the uses permitted within the district by this UDO, provided that:

(1)

The minimum requirements of the district for front, side, and rear yard, open space, height, and floor area shall be complied with; and

(2)

The lot is approved by the board of health for the use of a private waste water system.

(b)

No permit for the use of any lot which is substandard in terms of the provisions of this UDO shall be issued unless said lot was legally and properly recorded prior to the passage of this UDO. In all cases, construction on any substandard lot of record after the adoption of this UDO shall be required to meet all requirements of the district in which it is located.

(c)

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot frontage or depth; front, side or rear yard; lot area; or other requirements of this UDO are not maintained. This requirement shall not apply when a portion of a lot is required for public purposes.

(d)

Permitted modification of setback requirements. When a building is proposed on a lot and when on either or both lots which adjoin such lot at the street right-of-way line there exists a principal building which does not conform to the setback requirements of this UDO, the required setback for such building shall be as follows:

(1)

Where only one said adjoining lot contains a principal building with a nonconforming setback, the setback shall be the computed average of the normal setback requirement and the nonconforming setback; or

(2)

Where both adjoining lots contain a principal building each with a nonconforming setback, the minimum setback shall be the computed average of the two nonconforming setbacks.

(a)

A variance is a permit, issued by the board of zoning appeals ("BZA"), which allows use of a parcel of land in a way that does not meet certain requirements for the district in which the property is located. A variance may be granted only in an individual case where an extreme hardship would result if all of the requirements of this section were applied stringently to a particular piece of property. The hardship must be proven by showing that reasonable use of the land is not possible if all of the requirements of this section are to be met. The hardship cannot be self-created, such as:

(1)

A lot purchased with knowledge of an existing restriction;

(2)

A claim of hardship in terms of prospective sales; or

(3)

An expressed economic need requiring a variance, when such a need can be met in other ways which would not require a variance.

(b)

Relief from the hardship (i.e., granting the variance) must not cause substantial detriment to the public good or impair the purposes of this ordinance.

(c)

When a variance is issued, the spirit of this ordinance must be observed and the public safety and welfare secured. A variance may be granted only for permitted uses in the zoning district in which the property in question is located. (For example, a two-family dwelling would not be allowed to be placed in an R-1 district under a variance.)

(d)

The developer or owner wishing to request a variance must have at least 51 percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature. The planning and zoning commission or board of commissioners may also propose a variance. However, the power to approve a variance rests with the board of appeals.

(e)

Application for a variance may be made with the zoning administrator. The zoning administrator will take the required information and transmit it to the board of appeals for its consideration.

(f)

When an application for a variance is received, the BZA will set a time and place for a public hearing on the variance. Notice of the hearing must be published in a newspaper of general circulation in Butts County at least 30 days before the hearing. Such notice will state the application number (if any number is assigned), owner's name, property location, its area, time, place and subject of the hearing. At least 30 days before the public hearing, notice of the time, place, and subject of the hearing will be sent in writing by U.S. mail to the owner whose property or interest is the subject of such hearing appellant or petitioner in writing by U.S. mail to her/his last known address. Copies of all such letters will be maintained in the applicant's file for permanent record.

(g)

The board of appeals will make a decision concerning the variance and record the decision in the minutes for that meeting.

(h)

The variance issued by the board of appeals must specify which requirements are to be varied from. It must specify alternative requirements to be met, replacing the requirements varied from.

(i)

The board of appeals may establish performance bonds to ensure compliance with any requirements it has set for granting a variance. Where a variance is granted for a construction activity requiring a building permit, the building permit must be obtained and construction must begin within six months of the issuance of the variance. Otherwise, the variance expires after six months.

(j)

The decision of the BZA on the application for a variance may be appealed on points of law to the Butts County Superior Court pursuant to the procedures of subsection 10.03.02(a).

(Ord. No. CR202334, § 4, 6-26-2023)

(a)

Authority. The zoning administrator shall have the power to authorize upon application in specific cases such administrative variances 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 this UDO will in an individual case result in practical difficulty or unnecessary hardship, so that the spirit of this UDO shall be observed, public safety and welfare secured, and substantial justice done.

(b)

Provisions that may be administratively varied. The following provisions of this UDO may be administratively varied by the zoning administrator, subject to the specific limitations of this section:

(1)

Front building setback for a principal building, reduction not to exceed 30 percent of the minimum requirement.

(2)

Side building setback for a principal building, reduction not to exceed 30 percent of the minimum requirement.

(3)

Rear building setback for a principal building, reduction not to exceed 30 percent of the minimum requirement.

(4)

Setback for an accessory building, reduction not to exceed 30 percent of the minimum requirement.

(5)

Landscape strip minimum widths, reduction not to exceed 20 percent of the minimum required width. For example, if the minimum landscape strip width is ten feet, the zoning administrator may authorize a reduction to no less than eight feet.

(6)

A reduction in the maximum number of off-street parking spaces required by this ordinance, not to exceed 20 percent.

(7)

Riparian buffer zone, reduction not to exceed 50 percent of the minimum requirement.

(8)

Accessory uses in residential zoning districts. Property owners whose property is zoned A-R, R-1, R-2, R-3, R-4, R-5 or R-M and consists of at least five acres may make application to the zoning administrator to locate an accessory use on the property in a location other than the rear setback. Only the zoning administrator can approve or deny the request. Only the property owner is permitted to submit an application and/or appeal the decision of the zoning administrator.

(9)

Swimming pools may be located in front yards by administrative variance upon a finding that there is no other suitable location for the swimming pool on site and the location of the swimming pool in the proposed location will not be readily visible to the surrounding properties or so close to surrounding properties as to constitute a noise nuisance.

(c)

Application. An application for variance may be initiated by any person, firm, corporation or agency, provided said individual, firm, corporation or agency is the owner or owner's agent of the property for which the administrative variance is sought. Applications for administrative variance shall require submittal of all application requirements as specified by the zoning administrator.

(d)

Fees. Application fee as specified by this ordinance or established by resolution of the Butts County Board of Commissioners.

(e)

Time for decision. When an application for an administrative variance is received, the zoning administrator shall have 15 business days to make his/her decision to approve or deny the application.

(f)

Notification. When an administrative variance application is received, the zoning administrator shall notify all adjacent property owners by regular and certified mail giving the adjacent property owners seven business days to respond, comment, etc. All responses, comments, etc. shall be submitted in writing to the zoning administrator.

(g)

Posting of sign. When an administrative variance application is received, the zoning administrator must post a sign in a conspicuous place on the property. The sign must set forth the fact that this is an administrative variance, date to respond and/or comment by, and it must inform the public that additional information may be obtained from the zoning administrator.

(h)

Criteria for granting administrative variances. The zoning administrator shall not approve an administrative variance application unless the following conditions exist:

(1)

There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district;

(2)

A literal interpretation of the provisions of this ordinance would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located;

(3)

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located;

(4)

The requested variance will be in harmony with the purpose and intent of this ordinance and will not be injurious to the neighborhood or to the general welfare;

(5)

The special circumstances are not the result of the actions of the applicant;

(6)

The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed; and/or

(7)

The variance shall not permit a use of land, buildings or structures which is not permitted by right in the zoning district or overlay district involved.