Application, hearings, and notice: Applications for appeal of any alleged error in any order, requirement, decision or determination made by the administrative officer shall be made to the planning commission. Decisions on applications for appeals shall only be made following a public hearing pursuant to notice and procedures approved by the planning commission.

Recourse from a decision of the planning commission shall be to the Habersham County Board of Commissioners by the filing of an appeal within 30 days of the planning commission decision.

Such appeal shall be taken by filing with the administrative officer the notice of appeal specifying the grounds thereof. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the governing body.

The governing body shall select a reasonable time and place for the hearing of the appeal and give at least 15 days of public notice thereof and due notice to the parties in interest and shall render a decision on the appeal within a reasonable time. Such decision shall be the final decision by the county, appealable to a court of competent jurisdiction by the filing therein an appeal within 30 days of the final decision by the county.

(Ord. of 12-21-2020)

The planning commission is hereby empowered to authorize upon application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship so that the spirit of this chapter 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 land use district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. The planning commission is not authorized to grant a use variance; only a variance to development standards in a district.

(a)

A variance may be granted in an individual case of unnecessary hardship after appropriate application in accordance with article XII upon specific findings that all of the following conditions exist. The absence of any one of the conditions shall be grounds for dismissal of the application for variance.

(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 land or structures in the same district.

(2)

A literal interpretation of the provisions of these regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within 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)

Relief, if granted, will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(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, building or structure which is not permitted by right in the district involved.

(b)

Conditional approval permitted: In exercising the powers to grant appeals and approve use variances, the governing body may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of this chapter. In exercising its powers, the governing body may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination and to that end shall have all of the powers of the administrative officer may issue or direct the issuance of a permit. The concurring vote of three members of the governing body shall be necessary to reverse any order, requirement, decision or determination of the administrative officer or County Engineer.

(c)

Approval period limited: No order of the governing body permitting the erection or alteration of a building shall be valid for a period of longer than six months unless such use is established within such period; provided, however, that such order by the governing body shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with such permit.

(d)

Application, hearing, and notice: Decisions on applications for appeals or variances shall only be made following a public hearing pursuant to notice and procedures approved by the planning commission and the governing body.

(Ord. of 12-21-2020)

The administrative officer is hereby authorized to consider and grant or deny, pursuant to the procedures and standards contained in this section, a variance or a special exception from the following regulations:

(a)

Reduce by variance any front, side or rear yard setback by an amount not to exceed ten percent of the district requirement but not including any buffer or any setback which is a condition of zoning or conditional use.

(b)

Reduce by variance the off-street parking or loading requirements imposed by this chapter in an amount not to exceed ten percent of the requirement, pursuant to the standards specified in article IV.

(Ord. of 12-21-2020)