These regulations provide a mechanism for relief in an individual case where certain dimensional requirements of this code pose undue hardship. These regulations further provide for appeals from actions of the Land Development Officer in the administration, enforcement, and interpretation of this chapter [appendix]. Additionally, these regulations also provide provisions for the amendment to the text of this chapter [appendix] and the zoning map. The grant of authority and powers delegated by the City Council is limited to the provisions herein and shall be sparingly used by the Planning Commission.

The Planning Commission shall exercise the jurisdiction and authority to vary the strict literal terms of this chapter [appendix] in accordance with the procedures, standards, and limitations set forth in this article. A variance is the remedy created by this power. It is a discretionary privilege which is granted because strict and literal enforcement of the provision of this chapter [appendix] would, due to special conditions peculiar to a particular property, result in unusual or difficulty or hardship.

The Planning Commission is authorized to receive, consider, grant, grant with conditions, or deny applications for variances to the dimensional requirements of this ordinance, after a public hearing and after making written findings of fact that the conditions for variances specified herein have been fulfilled. In granting a variance, the Commission may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth herein, as may be deemed necessary for the protection of adjacent properties and the public interest. Those aggrieved by decisions of the Planning Commission shall appeal to City Council. Applicants further aggrieved may pursue appeals to the Courts of proper jurisdiction of the State of Georgia as provided by law.

A property owner or their authorized agent may initiate a request for variance by filing an application with the Land Development Officer. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The Land Development Officer may require other drawings or materials essential to an understanding of the proposed use and variance requested and its relationship to the surrounding properties. A fee shall accompany variance applications as established by the City Council by Resolution from time to time.

The Planning Commission may grant a variance only after consideration and adoption of findings of fact that all of the following conditions exist and criteria are met:

1.

There are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or zoning district, and such conditions are not the result of the owner's or occupant's own actions. Such conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot.

2.

As a result of such unusual circumstance or conditions, there is an unnecessary hardship or practical difficulty that renders it difficult to carry out the provisions of this Title.

3.

The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zoning district in which property is located, and the variance will be in harmony with the general purposes and intent of the provisions of this Title.

4.

The variance approved is the minimum variance that will make possible the legal use of the land, building or structure.

5.

The variance does not permit a use of land, building or structure which is not permitted by right in the zoning district in which the proposed development is located.

Any person, who alleges there is an error in, or who is aggrieved by a decision of the Land Development Officer in the administration, enforcement, and/or interpretation of this code, may file an appeal with the Land Development Officer stating the grounds for such appeal. The Planning Commission is hereby authorized to hear and decide said appeals, after proper application, public hearing and adoption of relevant findings of fact.

An appeal from a ruling of the Land Development Officer shall stay all proceedings in furtherance of the action being appealed. The Commission may affirm, overrule or modify, in whole or in part, the rulings of the Land Development Officer. In cases where an appeal is granted, the Commission shall have all necessary powers of the Land Development Officer and may direct the issuance of building permits and land use permits not otherwise inconsistent with this chapter [appendix] and any other chapter [appendix], resolution, or code adopted by the City Council.

Public hearings shall be held by the Planning Commission for the purpose of public discourse of applications for variances and appeals. Public hearings for variances and appeals shall adhere to the standards established within this article, and the procedural requirements established in article IV [of this appendix].

Upon the filing of any complete application for a variance or appeal with the Land Development Officer, a public hearing shall be scheduled and held on the proposed variance or appeal. Notice of the public hearing shall be given and the public hearing shall be conducted as provided for in article IV [of this appendix].

The Commission shall make findings and render a decision in writing within 32 days after the initial public hearing on the proposed variance or appeal. The Commission shall notify the applicant, in writing, of its decision within five days after the Commission has rendered its decision.

1.

Zoning District Classifications (Rezoning). A petition to amend the Zoning map may be initiated by the City Council, the Planning Commission, or by any person, firm, or corporation owning property within the city limits. The property owner's permission is required before a petition for changing the zoning map for the applicable piece of property can be filed by anyone other than the City Council or the Planning Commission.

2.

Text Amendments. A petition to amend the text of this chapter [appendix] may be initiated by the City Council or the Planning Commission.

Applications for amendment to the Zoning map or the text of this chapter [appendix] shall be accompanied by payment of a filing fee as established by the City Council, a legal description of the property and a survey plat of the property (for amendments of the Zoning map), a letter of intent describing the proposed use of the property, an application form supplied by the Land Development Officer, a filing fee as specified by the City Council, and any other information as may be required by this code or as specified by the Land Development Officer to evaluate compliance with this code.

Within no more than 60 days after the filing of a complete application for which a hearing is required by this chapter [appendix], a public hearing shall be held on such applications before the Planning Commission as required by and in accordance with the standards of this article and as provided for within article IV of this chapter [appendix], before making recommendation on a proposed application.

For any proposed text amendment to this chapter [appendix], or any application for a map amendment, a public notice shall be published in a newspaper of general circulation in the local jurisdiction at least 15 days, but not more than 45 days prior to the scheduled public hearing. Such notice shall state the purpose, location, time and date of the public hearing, and the nature of said application. For map amendments initiated by a party other than the City, the public notice shall specifically include the location of the property, the current zoning district classification of the property, and the proposed zoning district classification of the property.

Whenever a map amendment is proposed by a party other than the City, the Land Development Officer shall post a sign not less than 15 days prior to the date of the public hearing in a conspicuous place on said property, which shall be not less than 12 square feet in area, and which shall contain information as to the proposed change and the date, time and location of the public hearing before the Planning Commission. The sign shall specifically include the current zoning district classification of the property and the proposed zoning district classification of the property

In reviewing applications for zoning map amendments the Planning Commission shall consider the following criteria for recommending approval, conditional approval, or disapproval as appropriate:

1.

Compatibility with Adjacent Uses and Districts. Existing uses and zoning districts of surrounding and nearby properties, whether the proposed zoning district classification is suitable in light of such existing uses and zoning districts of surrounding and nearby properties, and whether the proposal will adversely affect the existing use or usability of adjacent or nearby properties.

2.

Economic Viability. Whether a reasonably viable economic use exists under the current zoning district classification; and, whether a reasonably viable economic use of the subject property will be precluded if the proposal is denied.

3.

Suitability. The suitability of the subject property under the existing zoning district classification, and the suitability of the subject property under the proposed zoning district classification of the property.

4.

Vacancy and Marketing. The length of time the property has been vacant or unused as currently used under the current zoning district classification; and any efforts taken by the property owner(s) to use the property or sell the property under the existing zoning district classification.

5.

Evidence of Need. The amount of undeveloped land in the general area affected which has the same zoning district classification as the zoning map amendment requested. It shall be the duty of the applicant to carry the burden of proof that the proposed application promotes public health, safety, morality or general welfare.

6.

Public Facilities Impacts. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities and services.

7.

Consistency with Comprehensive Plan. Whether the proposal is in conformity with the policy and intent of the city's Comprehensive Plan.

8.

Other Conditions. Whether there is any other existing or changing condition affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal.

The City Council shall have discretion to approve, disapprove, or approve with conditions recommended by the Planning Commission, or conditions of their own the application for an amendment to the zoning map or text of this chapter [appendix].

Conditional uses may be permitted pursuant to this article after public hearing, review and approval by the Planning Commission upon compliance with specific standards in the zoning district regulations and imposition of adequate conditions to deal with the factors of traffic impact; vehicle and pedestrian safety; potential impact of noise, lights, fumes, obstruction of airflow on adjoining property; adverse impact of the proposed use on the aesthetic character of the environs; to include possible need for screening from view; and orientation and spacing of improvements of buildings.

A property owner or his authorized agent may initiate a request for a conditional use by filing an application with the Land Development Officer. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The Land Development Officer may require other drawings or materials essential to an understanding of the proposed conditional use requested and its relationship to the surrounding properties. A fee shall accompany conditional use applications as established by the City Council by Resolution from time to time.

Within no more than 60 days after the filing of a complete application for which a hearing is required by this chapter [appendix], a public hearing shall be held on such applications before the Planning Commission as required by and in accordance with the standards established in this article and article IV of this Chapter [Appendix], before taking action on a proposed application.

For any proposed conditional use, a public notice shall be published in a newspaper of general circulation in the local jurisdiction at least 15 days, but not more than 45 days prior to the scheduled public hearing. Such notice shall state the purpose, location, time and date of the public hearing, and the nature of said application.

Whenever a conditional use is proposed the Land Development Officer shall post a sign not less than 15 days prior to the date of the public hearing in a conspicuous place on said property, which shall be not less than 12 square feet in area, and which shall contain information as to the proposed conditional use and the date, time and location of the public hearing before the Planning Commission.

In reviewing and acting upon applications for conditional uses the Planning Commission shall consider the following criteria for approval, conditional approval, or disapproval as appropriate:

1.

The fitness of the proposed use as related to:

(a)

The potential use of adjoining lands for the uses permitted in the district;

(b)

Current trends of development of lands in the vicinity;

2.

The affect of the proposed use on the natural features of the site to be utilized and the adjoining lands;

3.

The quality and capacity of access roads (existing or to be provided by the applicant) to accommodate traffic generated by the proposed use; and,

4.

Consistency with the Comprehensive Plan.

Within 28 days the Planning Commission may approve, deny, or approve with additional conditions the request for a conditional use.