When it is alleged that an error has been made in interpretation of the provisions of this section or when decisions relating to provisions of this article aggrieves any person, an appeal may be made within thirty (30) days of the decision by the party aggrieved by said interpretation or decision. The aggrieved party shall be one to whom the interpretation or decision is directed or who can otherwise show direct damages to him/herself or his/her property as a result of said interpretation or decision.

Such appeal shall be filed with the City of Doraville City Clerk and the purpose of the appeal shall be specified in writing, citing the interpretation or decision appealed and citing to the section of this chapter the interpretation of which is deemed to be incorrect or a section of this chapter requiring a different decision. This notice of appeal shall be received no later than fifteen (15) days from the date of the decision.

After a timely receipt of the notice of appeal, the City Clerk shall schedule a hearing in front of a City Council-designated Hearing Officer not later than thirty (30) days from the notice of appeal. At the hearing, any party may appear in person or through an attorney, at the appellant's expense.

The hearing shall be conducted with the procedures outlined in section 1-15(b) of the City of Doraville Code of Ordinance, and in a manner accordant with state law.

If the appointed Hearing Officer affirms the decision of the Community Development Director, the appellant shall have the right to appeal said determination to the Superior Court of DeKalb County by petition for writ of certiorari in accordance with state law.

(Ord. No. 2014-06, § 8, 3-17-14; Ord. No. 2022-55, § 1, 9-19-22)

The Mayor and/or City Council as relevant are authorized upon appeal in specific cases to consider such variances from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the article will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the article shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, buildings or structures in the same or in other districts shall not constitute a reason for a variance. A variance may be granted in an individual case of unnecessary hardship upon a finding by the Mayor and/or City Council as relevant that all the conditions in subsection 23-1402(1) through (7) are met. When the Mayor and/or City Council, staff or appointed bodies consider approval, denial or nonbinding recommendations on variances as may be relevant, all of the conditions set out in subsection 23-1402(1) through (7) must be considered and found present or found not to be present.

(1)

There are extraordinary and exceptional conditions 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 article would 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 article 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 legal use of the land, building or structure.

(7)

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

(Ord. No. 2009-14, § 2, 4-27-09)

(a)

Variances may not be granted from density or use requirements of properties except as expressly allowed in section 23-810, which is subject to the variance criteria in section 23-2005.

(Ord. No. 2014-06, § 9, 3-17-14; Ord. No. 2022-41, § 1, 4-18-22; Ord. No. 2024-07 (A-24-02), § 1, 4-17-24)

(a)

An applicant for a variance from this, or other applicable chapter of the Code, shall file a written request with the City of Doraville on forms provided by the Community Development Department and shall not be considered authorized or accepted until complete in all respects, including payment of an application fee as established by Mayor and City Council. The variance application may be submitted by the owner of the property requesting the variance or by a duly authorized representative. The Community Development Director, or designee shall prepare an analysis of each application for variance, applying the criteria and standards set forth in this chapter appropriate to each such application. Said findings shall be presented in written form to the Mayor and City Council at least seven (7) days prior to the public hearing thereon.

(b)

The Community Development Director shall place the variance application on the next available regular agenda of the Planning Commission that is at least thirty (30) days from the date of the submittal of the application, and shall provide the applicant written notice of said date of hearing no later than ten (10) days prior to the date of the Planning Commission meeting. Following review by the Planning Commission in accordance with this chapter and elsewhere in the City Code, the Community Development Director shall place said variance on the next available City Council Agenda for a hearing. The Community Development Director shall advertise such hearing in the City's Legal Organ at least fourteen (14) days prior to the hearing and shall have authority to make such other notification as the Community Development Director deems necessary of the date and time of hearing and action requested.

(c)

At the Planning Commission and City Council hearing any party may appear in person, or by attorney. The Mayor and Council shall hear the variance application and rule on same within reasonable time, but not later than thirty (30) days from the date of the hearing, and said ruling shall be given to the applicant in writing no later than three (3) business days after the date of the decision.

(d)

Substantial conformance, as determined by the Director of Planning and Community Development, shall be required for any site plans, floorplans, or other regulating plans which are approved by the City Council as part of an application. Unless otherwise modified by the City Council during the public hearing process, no separate conditions shall be needed for the City to enforce substantial conformance to such plans.

(e)

An application for a variance affecting all or a portion of the same property which was denied by the Mayor and City Council shall not be submitted more than once every twenty-four (24) months measured from the date of the final decision by the Mayor and City Council. The Mayor and City Council may waive or reduce this twenty-four-month interval, providing that if an application for a variance was denied, the time interval between the date of said denial and any subsequent application affecting the same property shall be no less than twelve (12) months.

(Ord. No. 2014-06, § 10, 3-17-14; Ord. No. 2023-08 (A-23-01), § 1, 2-13-23)

(a)

The Community Development Director shall be authorized to consider and grant or deny, pursuant to the procedures and standards contained in this section, variances from the development standards of this chapter, where, in his opinion, the intent of the chapter can be achieved and equal performance obtained by granting a variance. The authority to grant such variances shall be limited to variance from the following requirements:

(1)

Front yard or yard adjacent to public street—Variance not to exceed five (5) feet.

(2)

Side yard—Variance not to exceed two (2) feet.

(3)

Rear yard—Variance not to exceed four (4) feet.

(4)

Height of building—Variance not to exceed five (5) feet.

(b)

Any request for an administrative variance permitted by this section shall be filed in writing with the Community Development Director. The Director shall review and decide upon each application pursuant to the standards referred to above, and make a written decision on each such application no later than thirty (30) days from the date such application was filed.

(c)

No administrative variance shall be authorized to delete, modify or change in any manner any condition imposed by the Mayor and City Council.

(d)

If the Community Development Director denies the requested administrative variance, the applicant shall have the right to request the variance directly from the Mayor and City Council pursuant to the provisions of this article.

(Ord. No. 2014-06, § 11, 3-17-14)

Appeals of Council's variance decisions shall be made by writ of certiorari to DeKalb County Superior Court in accordance with state law.

(Ord. No. 2009-17, § 1, 6-29-09; Ord. No. 2014-06, § 12, 3-17-14)

(a)

Prior to the first public hearing by the City Council, an applicant may withdraw a zoning application without prejudice by providing written notice to the City of such request for withdrawal. This written request shall be received no later than the planned publication of the agenda for such hearing. After such deadline the hearing will be deemed to have commenced.

(b)

After the hearing has commenced, the applicant may request to withdraw an application prior to a final decision by the Mayor and Council. Such withdrawal shall be subject to the approval of the Mayor and Council by vote during the hearing of the case. In any case, no application fees will be refunded.

(Ord. No. 2021-04, § 1, 1-20-21)