Flowery Branch City Zoning Code

The City Council shall have the power to authorize upon application in specific cases such variances from the terms of this zoning ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this zoning ordinance will in an individual case result in practical difficulty or unnecessary hardship, so that the spirit of this zoning ordinance shall be observed, public safety and welfare secured, and substantial justice done.

The City Council may upon application consider the approval, conditional approval, or denial of variances, subject to the requirements of this Article. In granting a variance, the City Council 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 in this zoning ordinance, as may be deemed necessary for the protection of adjacent properties and the public interest.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

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 variance is sought.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

Applications for variance shall require submittal of an application requirements specified in this Section.

(a)

Application fee as specified by this ordinance or established by resolution of the City Council;

(b)

Application form furnished by the Zoning Administrator, including signed and notarized signature of property owner;

(c)

Legal description of the property;

(d)

Survey plat of the property;

(e)

Letter of intent describing the proposed use of the property or other action requested;

(f)

Site plan of the property at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements;

(g)

Statistics regarding the proposed development;

(h)

Written analysis of how the proposed action compares to decision criteria specified for deciding on the subject type of application;

(i)

Description of any special conditions voluntarily made a part of the request; and

(j)

Other information as may be required by the Zoning Administrator.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

Applications for variance shall include a site plan, which shall at minimum include on the site plan information specified in this Section. The Zoning Administrator may waive one or more of the requirements of this Section in individual cases when he/she determines that one or more elements of the required information specified in this Section are not essential to the review process.

(a)

Existing and proposed buildings and structures;

(b)

Other information as may be required by the Zoning Administrator to describe and/or graphically depict the requested variance.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

(1)

Any applicant requesting consideration of a variance to any provision of the zoning ordinance shall provide a written justification that all of the following conditions exist. The City Council shall not approve a variance application unless it shall have adopted findings that all of the following conditions exist:

(a)

Arises from a condition that is unique and peculiar to the land, structures, and buildings involved.

(b)

Is necessary because the particular physical surroundings, the size, shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee or occupants; as distinguished from a mere inconvenience, if the provisions of the City's Subdivision Ordinance (Appendix B) and the City's Zoning Ordinance (Appendix C) are literally enforced.

(c)

The condition requiring the requested relief is not ordinarily found in properties of the same zoning district as the subject property.

(d)

The condition is created by the regulations of the City's Subdivision Ordinance (Appendix B) or the City's Zoning Ordinance (Appendix C) and not by an action or actions of the property owner or the applicant.

(e)

The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(f)

The variance granted is the minimum variance that will make possible the reasonable use of the land, buildings, or structures.

(g)

The variance desired will not be opposed to the purpose and intent of the City's Subdivision Ordinance (Appendix B) and the City's Zoning Ordinance (Appendix C) or the purpose and intent of the current Flowery Branch Comprehensive Plan.

(2)

No variance shall be authorized to:

(a)

Allow a structure or use not authorized in the applicable zoning district or a density of development that is not authorized within such district.

(b)

Allow any variance that conflicts with or changes any requirement enacted as a condition of zoning or of a Conditional Use Permit granted by the City Council.

(c)

Reduce, waive, or modify in any manner the minimum lot area established by the City Council through a special condition of approval.

(d)

Permit the expansion or enlargement of any non-conforming use of land, non-conforming use of land and buildings in combination, nonconforming use of land and structures in combination, or non-conforming use requiring a Conditional Use Permit.

(e)

Permit the re-establishment of any non-conforming use of land, nonconforming use of land and buildings in combination, non-conforming use of land and structures in combination, or non-conforming use requiring a Conditional Use Permit where such use has lapsed.

(3)

The City Council may attach reasonable conditions to a variance through the exercise of its legislative powers and police powers when necessary to prevent or minimize adverse impacts upon property or the environment or to further the purpose and intent of the City's Comprehensive Plan.

(Ord. No. 694, § 1(Exh. A), 6-1-2023; Ord. No. 778, § 1, 4-2-2026)

(a)

No variance application shall be processed by the Zoning Administrator unless it complies with the procedural requirements of this Article and is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this Article.

(b)

If the variance application does not comply with all application submittal requirements of this Article, the Zoning Administrator shall reject the application and refuse to process it.

(c)

In cases where more than one application (rezoning, conditional use, variance) pertaining to a particular piece of property is filed simultaneously, the applicant must prepare separate applications and meet all application requirements for each application filed; provided, however, that the Zoning Administrator may waive separate site plan or letter of intent filing requirements when they would be unnecessarily duplicative.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

The Zoning Administrator is hereby authorized to establish administrative deadlines for the receipt of variance applications. Upon a finding by the Zoning Administrator that a variance application is complete and complies with the requirements of this Article, including deadlines, the application shall be marked received and approved for initiation, and the date of such consideration shall be indicated in the file of the application.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

In cases where an applicant is proposing a rezoning (i.e., amendment to the official zoning map) or conditional use, and where the applicant files an application to obtain a variance at the same time of filing a rezoning or conditional use application, the two applications may be processed simultaneously, but the variance application shall not be considered until the rezoning or conditional use application is approved (which may be the same public hearing or meeting), since the variance would not otherwise be permitted without the rezoning or conditional use.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

(a)

Within a reasonable period of time after acceptance of a complete application, the Zoning Administrator may send the application out for review by internal municipal departments and external agencies as may be appropriate (i.e., inter-agency review). Such internal municipal agencies should include the police department and public works/utilities department. External agencies may include but are not limited to the Hall County Board of Education; Georgia Regional Transportation Authority, Georgia Department of Transportation; Georgia Mountains Regional Development Center, adjacent local governments, and various departments of Hall County Government.

(b)

Any written comments received in a timely manner shall be submitted to the City Council for consideration, and any such comments shall become an official public record.

(c)

The Zoning Administrator may investigate and make a recommendation regarding any or all of the relevant matters concerning the application. Any such investigation and recommendation shall if in writing be made available to the applicant and City Council prior to the public hearing held by the City Council and shall become an official public record.

(d)

Copies of the Zoning Administrator's findings and recommendations shall be provided to the applicant prior to the public hearing and shall be available upon request to interested members of the public prior to or at public hearing on the matter.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

(a)

At least fifteen (15) but not more than forty-five (45) days prior to the date of the public hearing before the City Council, the city shall cause to be published within a newspaper of general circulation within the City a notice of the public hearing before Mayor and City Council, on the variance application. The notice shall state the time, place, and purpose of the public hearing.

(b)

Each public notice sign pertaining to a concurrent variance shall state the proposed zoning classification and the section or sections of the Zoning Ordinance proposed to be varied.

(Ord. No. 694, § 1(Exh. A), 6-1-2023; Ord. No. 731, § 1(Exh. A), 3-6-2025)

(a)

At least fifteen (15) but not more than forty-five (45) days prior to the date of the public hearing before the City Council, the city shall cause to be published within a newspaper of general circulation within the City a notice of the public hearing before Mayor and City Council, on the variance application. The notice shall state the time, place, and purpose of the public hearing.

(b)

Each public notice sign pertaining to a concurrent variance shall state the proposed zoning classification and the section or sections of the Zoning Ordinance proposed to be varied.

(Ord. No. 694, § 1(Exh. A), 6-1-2023; Ord. No. 731, § 1(Exh. A), 3-6-2025)

The City Council shall hold a public hearing on all variance applications in accordance with the public hearing procedures specified in Article 35 of this zoning ordinance.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

(a)

Within a period of ninety (90) calendar days from the date of the public hearing held by the City Council on any variance application, the City Council shall render a decision on the application.

(b)

The City Council may approve or disapprove the variance as applied for, or it may approve modifications of the application as originally proposed, and it may place conditions of approval on the application.

(c)

In rendering a decision on any such application, the City Council shall consider all information supplied by the applicant and Zoning Administrator.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

A variance application may be withdrawn at any time at the discretion of the person or agency initiating such a request, upon written notice to the Zoning Administrator.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

(a)

When a variance application is withdrawn within ten (10) calendar days from the date of approval for initiation by the Zoning Administrator, one half (½) of the entire application fee paid by the applicant shall be refunded to the applicant. The Administrator shall refund that portion of the application fee within thirty (30) calendar days of the date of withdrawal of the application.

(b)

No portion of a required application fee shall be refunded on any application withdrawn by an applicant later than ten (10) calendar days from the date of approval for initiation by the Zoning Administrator.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

No variance application affecting the same or any portion of property which was denied by the City Council shall be accepted for filing by a property owner until twelve (12) months shall have elapsed from the date said application was denied by City Council.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)

The Zoning Administrator shall notify the applicant of the action taken by the City Council on the application no later than five (5) working days from the date the City Council took action on said application.

(Ord. No. 694, § 1(Exh. A), 6-1-2023)