The planning commission may grant a variance in the application of the provisions of the zoning ordinance. The commission may do so only if all of the following findings are made:

1.

That there are unique physical circumstances or conditions, including irregularity, narrowness, shallowness, or lot size or shape, exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not to circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.

2.

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

3.

That granting the variance will not result in authorization of a use not otherwise permitted in the district.

4.

The planning commission shall establish a reasonable time for hearing of any appeals authorized under this section and shall give at least 15 days' notice of such hearing by publishing the time, date, and location of the public hearing within the county's legal organ, and shall give written notice by regular mail to all parties who are involved with the variance request and adjacent property owners.

Any party aggrieved by any final judgment or decision of the Cusseta-Chattahoochee County Planning Commission, may within 30 days thereafter appeal to the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia. If the party is still aggrieved the party may appeal to the superior court or court of like jurisdiction. The party must file with such commission a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal such commission shall cause a transcript of the proceedings in the case to be certified to the court to which the appeal is taken and the case in such court to be tried de novo.