Flowery Branch City Zoning Code

The Director of Planning and Community Development shall have the power to authorize upon application in specific cases such administrative 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 Director of Planning and Community Development may upon application consider the approval, conditional approval, or denial of administrative variances, subject to the requirements of this Article. In granting an administrative variance, the Director of Planning and Community Development 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. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023)

The following provisions of this zoning ordinance may be administratively varied by the Director of Planning and Community Development, in accordance with the criteria in Section 38.7, subject to the specific limitations of this Section:

(a)

Front building setback for a principal building, reduction not to exceed seven (7) feet.

(b)

Side building setback for a principal building, reduction not to exceed three (3) feet.

(c)

Rear building setback for a principal building, reduction not to exceed five (5) feet.

(d)

Setback for an accessory building, reduction not to exceed two (2) feet.

(e)

Maximum height of a building, not to exceed five (5) feet above the applicable maximum.

(f)

Parking above the maximum or twenty percent (20%) below the minimum required as specified in Table 21.3, on a case-by-case basis based upon the scale and impacts of the request, for good cause shown, as provided in Section 21.18 of this zoning ordinance.

(g)

The maximum height of fences and walls, not to exceed a two (2) foot increase.

(h)

Certain dimensional requirements of the TND zoning district, as specified in Table 7.2 of this zoning ordinance, may be administratively varied by the Director of Planning and Community Development, for one or more lots for detached, single-family dwellings only, as follows:

1.

The required minimum lot size of 6,700 square feet may be reduced to 6,000 square feet (and the corresponding maximum density may be increased from 6.5 to 7.26 dwelling units per acre);

2.

The required minimum lot width of forty-five (45) feet may be reduced to forty (40) feet;

3.

The minimum lot depth may be reduced from eighty (80) feet to seventy (70) feet.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023; Ord. No. 778, § 2, 4-2-2026)

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.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023)

Applications for administrative variance shall require submittal of an application meeting the 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 Director of Planning and Community Development, 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;

(j)

A notarized letter of consent for proposed variance from adjoining property owners as required and;

(k)

Other information as may be required by the Director of Planning and Community Development necessary to determine compliance with the City's zoning or land use regulations or the purpose and intent of the City's Comprehensive Plan.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023; Ord. No. 778, § 3, 4-2-2026)

Applications for administrative variance shall include a site plan, which shall at minimum include on the site plan information specified in this Section. The Director of Planning and Community Development 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 Director of Planning and Community Development to describe and/or graphically depict the requested administrative variance.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023)

(a)

No administrative variance application shall be processed by the Director of Planning and Community Development 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 Director of Planning and Community Development shall reject the application and refuse to process it.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023)

(1)

Any applicant requesting consideration of an administrative variance shall provide a written justification that the following conditions exist. The Director of Planning and Community Development shall not approve an administrative variance application unless said Director issues written findings that all of the following conditions exist:

(a)

Arises from a condition that is unique and peculiar to the land, structures, or 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) and 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, create a hazard to air navigation, 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 general spirit 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 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, non-conforming 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 Planning and Community Development Director may attach reasonable conditions to an administrative variance when necessary to prevent or minimize adverse impacts upon property or the environment.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023; Ord. No. 778, § 4, 4-2-2026)

Administrative variance applications shall be considered and processed in accordance with the requirements of this Section.

(a)

Director of Planning and Community Development shall review all completed applications, as described under Section 38.6.

(b)

The Director of Planning and Community Development Director shall render a final decision on any application for administrative variance on or before fifteen (15) days following acceptance of a complete application.

(c)

The applicant shall be informed in writing of the Director's decision and the findings of fact supporting the decision, which shall be sent within five (5) working days of the date of the decision. Failure to receive the written decision within five (5) working days shall not constitute a procedural error on the part of the City, nor affect the decision of the Director in any manner.

(d)

Any administrative variance issued by the Director not in conformity with the provisions of this Article shall be null and void.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023; Ord. No. 731, § 1(Exh. A), 3-6-2025; Ord. No. 778, § 5, 4-2-2026)

An administrative 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 Director of Planning and Community Development. No refunds of the application fee shall be provided in the case of a withdrawal.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; 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. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023)

(a)

Denial. The Director of Planning and Community Development's denial of an administrative variance shall not be appealed as an administrative determination by the subject property owner, but any applicant denied an administrative variance may file an application for variance with the City Council pursuant to Article 37 of this zoning ordinance.

(b)

Approval. The Director of Planning and Community Development's approval of an administrative variance may be appealed as an administrative decision, but only if there is alleged to be an error in the administration or enforcement of this zoning ordinance. If such appeal is filed it shall be processed and considered in accordance with Article 39 of this zoning ordinance. When the administrative variance application was approved by the Director of Planning and Community Development with conditions, and in the case of the subject property owner finds such conditions are not acceptable, the applicant shall not be authorized to file an appeal of the administrative decision but may file an application for variance with the City Council pursuant to Article 37 of this zoning ordinance.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023)

The Director of Planning and Community Development shall keep public records of all administrative variances applied for and granted pursuant to this Article.

(Ord. No. 348-18, § 1 (Exh. A), 9-6-2018; Ord. No. 694, § 1(Exh. A), 6-1-2023)