It is the intent of this section to permit the filing of an application for variance simultaneously with a rezoning or conditional use application, or both, and have both the concurrent variance and companion applications considered in the same cycle of review (i.e., "concurrent" variance application). It is also the intent to allow the filing of applications for variance independently of any application (i.e., "stand alone" variance application).

(Code 1997, § 40-1005(1); Ord. of 2-6-2012, § 1(40-1005))

Applicants for variances are strongly encouraged but not required to schedule an applicant orientation meeting with the Zoning Administrator. An applicant orientation meeting is a time where applicants can seek a determination of the number and nature of variances required, familiarize themselves with the application requirements and processes, and gain preliminary input from staff as to the suitability of the proposed variances.

(Code 1997, § 40-1005(2); Ord. of 2-6-2012, § 1(40-1005))

A separate variance application, and a separate fee, shall be required for each individual section of this chapter for which a variance is requested or from which relief is sought.

(Code 1997, § 40-1005(3); Ord. of 2-6-2012, § 1(40-1005))

Variances shall not be granted to minimum lot size requirements of a given zoning district; or permit a use which is not allowed in the zoning district in pertaining to the subject property (i.e., a "use" variance).

(Code 1997, § 40-1005(4); Ord. of 2-6-2012, § 1(40-1005))

Applications for a variance shall require submittal of an application fee, application form, and supporting materials specified by this section in advance by the Zoning Administrator. No application described in this section shall be processed by the Zoning Administrator unless it is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this section. If an application described and regulated by this section does not comply with all the submission requirements of this section, the Zoning Administrator may reject the application and refuse to process it.

(Code 1997, § 40-1005(5); Ord. of 2-6-2012, § 1(40-1005))

No application specified in this section shall be processed by the Zoning Administrator unless it meets the requirements of this section as follows:

(1)

Application fee as established by resolution of the City Council;

(2)

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

(3)

Metes and bounds legal description of the property;

(4)

Boundary survey plat of the property; in the case where a building or structure was already constructed and requires a setback variance, the boundary survey shall include as-built placement of the building or structure for which the setback is requested to be varied;

(5)

Letter of intent describing the regulations to be varied (specific sections and the amount of numerical variation sought), and including analysis of how the proposed development compares favorably with one or more of the criteria for granting variances as established in this section;

(6)

If pertaining to future development, a site plan of the property and proposed development shall be submitted at an appropriate engineering scale showing the proposed use and relevant information regarding the variance request. Site plans must show information as reasonably required by the Zoning Administrator.

(Code 1997, § 40-1005(6); Ord. of 2-6-2012, § 1(40-1005))

Upon receipt of a completed application for variance or within a reasonable time thereafter, the Zoning Administrator shall refer the application to the City Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the application.

(1)

Major Variance. The Planning Commission shall make a recommendation on the application for variance within 30 days of the meeting it is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven working days of the decision. The recommendation and any report shall upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding on the City Council.

(2)

Minor Variance. The Planning Commission may grant a minor variance for the development activity on a lot in individual cases where strict application of the development standards for the district in which the lot is located would result in practical difficulties to, or undue hardship upon, the property owner for reason of narrowness, shallowness, shape, topographic conditions or other conditions of the lot or the location of the existing principal building on the lot. The authority to grant minor variances shall be limited to variances from the following requirements:

a.

In the case of Minimum Lot width at Building Line, the variance is limited to reducing the required width by no more than ten percent of the minimum requirement for the district in which the lot is located (e.g. if the required width is 100 feet, the width requirement for the lot may not be reduced to less than 90 feet).

b.

In the case of Minimum Setback from Side Lot Lines, the variance is limited to reducing the required setback by no more than 20 percent (e.g. if the required setback is ten feet, the minimum setback may not be reduced to less than eight feet).

c.

In the case of Minimum Setback from Rear Lot Lines, the variance is limited to reducing the required setback by no more than 20 percent (e.g. if the required setback is 30 feet, the minimum setback may not be reduced to less than 24 feet).

Pursuant to Section 105 of the Oxford Building Ordinance, all applications for development permits are reviewed by the Planning Commission. In the event the Planning Commission determines that a minor variance should be granted in connection with the issuance of a development permit, the Planning Commission will grant such minor variance at the regular meeting of the Planning Commission where the application for such development permit is reviewed. If the Planning Commission fails to grant a requested minor variance, then the Mayor and Council may take action in lieu of the Planning Commission action.

(Code 1997, § 40-1005(7); Ord. of 2-6-2012, § 1(40-1005); Ord. of 1-9-2023(2))

At least 15 but not more than 45 days prior to the date of the public hearing before the City Council, the Zoning Administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries of the City a notice of the public hearing on the application. The notice shall state the time, place, and purpose of the public hearing. In addition, notice shall include the location of the property and the section or sections proposed to be varied; and a sign containing the required information shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the public hearing before the City Council and which shall remain through the date of any public hearings advertised thereon.

(Code 1997, § 40-1005(8); Ord. of 2-6-2012, § 1(40-1005))

One or more of the following criteria may be considered applicable or potentially applicable:

(1)

There are extraordinary and exceptional conditions or practical difficulties 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 chapter would effectively 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 chapter 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 proposed use of the land, building, or structure in the zoning district in which the development is located.

(Code 1997, § 40-1005(9); Ord. of 2-6-2012, § 1(40-1005))

The City Council shall hold a public hearing on the application as advertised and after review and recommendation by the Planning Commission. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's recommendation will be available. In rendering a decision on any such application, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for conditional uses as prescribed in this section. The City Council may approve or disapprove the application as proposed, or it may place conditions of approval on the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator of the decision within seven working days of the decision.

(Code 1997, § 40-1005(10); Ord. of 2-6-2012, § 1(40-1005))

Any application for variance may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Zoning Administrator, up until the public hearing by the City Council. No refund of the required application fee or portion thereof shall be made once the application has been scheduled for public hearing.

(Code 1997, § 40-1005(10); Ord. of 2-6-2012, § 1(40-1005))

No application regulated by this article and 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 12 months shall have elapsed from the date the application was denied by the City Council.

(Code 1997, § 40-1005(11); Ord. of 2-6-2012, § 1(40-1005))

Decisions by the City Council with regard to variances are final; provided, however, any person or persons, jointly or severally, aggrieved by any decision of the City Council with regard to a decision on a variance application under the terms of this section may take an appeal to or seek judicial review by the Newton County Superior Court.

(Code 1997, § 40-1005(12); Ord. of 2-6-2012, § 1(40-1005))