The purpose of this section is to authorize variances from the terms of this ordinance as will not be contrary to the public interest so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. A variance is a request for relief from the provisions of the zoning ordinance. The power to grant a variance does not extend to use restrictions established within a particular zoning district

(Ord. No. 934, § 1, 2-21-2008)

An application for a variance may be submitted only by the owner of the property for which a variance is desired or his authorized agent. Application requirements shall be as described herein.

Variances may be considered in all districts and shall only be granted upon showing that:

(a)

Relief, if granted, would be in harmony with, or, could be made to be in harmony with, the general purpose and intent of the zoning ordinance; or

(b)

The application of the particular provision of the zoning ordinance to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public.

(Ord. No. 934, § 1, 2-21-2008)

The zoning administrator shall determine the type of variance required, and shall classify the request as:

(a)

Administrative variance.

(b)

Variance.

(Ord. No. 934, § 1, 2-21-2008; Ord. No. 1195, § 1, 12-16-2021)

(1)

Review and approval of a request for an administrative variance shall be administered by a special administrative variance committee consisting of the city planner, the city manager and a member of city council. Applications may be considered only if the following requirements are met, either:

(a)

The request pertains to an existing residential zoning setback violation provided that the property owner making the request is not the same property owner who was responsible for the violation; or

(b)

The request is for a rear residential zoning setback encroachment that would not exceed ten percent of the required setback per the zoning district ordinance, provided that there is no other feasible location on the property that would accommodate the proposed structure without encroaching into the minimum zoning setback, and the proposed structure uses similar building and roof materials, roof pitch, and color scheme as the primary structure; or

(c)

The request is for a decrease of not more than ten percent of the minimum residential zoning setback, provided that the property line in question and the associated zoning setback adjoins a publicly-owned property other than a road right-of-way, there is no other feasible location on the property that would accommodate the proposed structure without encroaching into the minimum zoning setback, and that the proposed structure uses similar building and roof materials, roof pitch, and color scheme as the primary structure; or

(d)

The request is for a decrease of not more than 25 percent in the minimum number of parking spaces required by the city's parking ordinance for non-residential uses only, provided the applicant identifies on the site plan where this parking would be located if needed in the future and substantiating data to support the request; or

(e)

The request is for an increase in the maximum height of a fence or wall; provided that:

(1)

Such wall or fence is justified by reason of safety and security pertaining to pool barriers or other International Building Code standards as adopted by the city, and will not unduly prevent passage of light and air to adjoining properties and is not incompatible with the surrounding neighborhood; or

(2)

Such greater height is justified for topographic reasons, and is not more than a 25 percent increase in maximum height standards per chapter 18 of this Code, and is not incompatible with the surrounding neighborhood.

(2)

In no case shall an administrative variance be granted from the conditions of approval imposed on a parcel through a zoning change granted by the city council.

(3)

In reviewing the application, the administrative variance committee shall analyze the application to determine whether granting the request would cause substantial detriment to other property owners in the surrounding area or would impair the purposes of the zoning ordinance. If it is found that the request is in conformance with these requirements and does not adversely affect the area, the administrative variance committee shall issue an official determination in writing approving the request. The property owner, the city clerk, and the building official shall be provided with a copy of this determination.

(4)

If it is found that the request is not in conformance with these requirements or may possibly have an adverse effect on the surrounding area, the administrative variance committee shall deny the appeal in writing, stating the reasons for the denial.

(5)

The administrative variance committee shall act on all requests in a timely manner and shall comply with the notice requirements of O.C.G.A. 36-66-1, the Georgia Zoning Procedures Law. In addition, the city planner shall send notice of the requested administrative variance to all adjacent property owners, except city-owned properties, via public mail using the property ownership information provided by the county tax commissioner's office. Such notice shall include information on the request, the date and time and location of the administrative variance committee meeting, and contact information on how to submit an objection to the request.

(6)

If a request for an administrative variance does not meet the requirements of this section, the applicant may apply for a variance under section 1206 et al.

(7)

If a request for an administrative variance is denied by the administrative variance committee, the property owner may appeal this decision to the city council in accordance with the procedures identified herein.

(Ord. No. 934, § 1, 2-21-2008; Ord. No. 1195, § 2, 12-16-2021; Ord. No. 1226, 9-5-2024)

Editor's note— Ord. No. 1195, § 3, adopted December 16, 2021, repealed § 1205 which pertained to special exception variances and derived from Ord. No. 934, adopted February 21, 2008.

A variance is recognized as having potential impact on the larger area and may affect enforcement of the zoning ordinance elsewhere in the city. A request for variance shall be reviewed by the zoning administrator, city staff (as applicable), and city council.

(Ord. No. 934, § 1, 2-21-2008)

In reviewing a request for a variance, the city council shall not grant the request unless all of the following findings can be made:

(a)

There are special circumstances applicable to the property, including location, shape, size, surroundings, or topography so that the strict application of this ordinance denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

(b)

The strict or literal interpretation and application of this ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning ordinance, or would deprive the applicant of privileges granted to others in similar circumstances;

(c)

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property which preclude the applicant from complying with this ordinance and that do not apply generally to other property in the same zoning district and which prevent the applicant from complying with existing regulations;

(d)

The granting of such variance will not constitute the granting of special privileges inconsistent with the limitations on other property in the same zoning district; and

(e)

The granting of such variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located.

(f)

The granting of such variance will not create inconsistencies with any objective of the comprehensive plan.

If it is found that the request is not in conformance with these requirements or may possibly have an adverse effect on the surrounding area, the city council shall deny the request in writing, stating the reasons for the denial.

(Ord. No. 934, § 1, 2-21-2008)

All applications for a variance, an appeal, a conditional use permit, or any other quasi-judicial decision shall be filed with the zoning administrator on forms provided by the zoning administrator.

Any communication relative to a variance request will be regarded as information only until a proper application is made in the form required.

An application fee, as established within the city's schedule of fees, shall accompany each variance application.

Upon receiving an application, the zoning administrator shall have no less than ten working days to review the application for compliance with these requirements. Once the application is deemed complete, the zoning administrator shall schedule public hearings with the planning commission and/or city council (as appropriate). Such hearings shall take place within 45 days after the application is deemed complete.

A sign displaying the hearing date and the nature of the hearing shall be placed in a conspicuous location on the property not less than ten days prior to a planning commission meeting and not less than 30 days prior to a city council meeting, as appropriate.

A notice of the public hearing date and the nature of the hearing shall be published in the newspaper of general circulation which serves as the legal organ for the city. The newspaper notice shall appear not less than ten days prior to a planning commission meeting and not less than 30 days prior to a city council meeting, as appropriate.

At the public hearing, the applicant may appear in person or be represented by an agent or attorney.

(Ord. No. 934, § 1, 2-21-2008; Ord. No. 1210, § 2, 6-15-2023)

The authority and jurisdiction of individuals as provided herein shall be limited as outlined in the following. In exercising this jurisdiction, each individual shall have authority to determine whether it has jurisdiction.

(a)

There shall be no variances to permitted uses or accessory uses as specified in the zoning district regulations, administrative/use permit or conditions of approval imposed on a parcel through a zoning change granted by the city council.

(b)

There shall be no variances to the minimum lot area or the minimum district size requirements in each zoning district.

(c)

There shall be no variances to the minimum lot frontage on a street as required in designated zoning districts.

(d)

There shall be no modification to increase the density or change the use approved under the zoning case except as to allow the development of a conservation subdivision.

(e)

There shall be no modification to revise a site plan that, as determined by the planning commission and/or city council, results in a significant change in the approved concept.

(Ord. No. 934, § 1, 2-21-2008)

Quasi-judicial hearings before the city council shall be filed with the city clerk in writing and shall clearly specify the grounds for the appeal or variance. All documents constituting the record of the action which is being appealed shall be transmitted to the city council by the city clerk.

(a)

Action shall not be initiated by the same applicant more than once in every 12 months.

(b)

Any communication relative to an appeal will be regarded as information only until a proper application is filed with the city clerk.

(c)

An application fee, as established within the city's schedule of fees, shall accompany each request.

(d)

The city council shall hold a public hearing as described herein prior to taking any action.

(e)

The city clerk shall place notice of the time, place, and subject matter of the hearing in the newspaper of general circulation which serves as the legal organ for the city not less than 15 days prior to the hearing.

(f)

The process of advertising the public hearing, holding the public hearing, and rendering a decision on the appeal shall not be unduly delayed.

(g)

Public hearing procedures shall comply with those outlines in section 2-38, public hearings, of this Code.

(Ord. No. 934, § 1, 2-21-2008; Ord. No. 1210, § 3, 6-15-2023)

Editor's note— Ord. No. 1210, § 3, adopted June 15, 2023, amended the title of § 1210 by changing "appeal" to "quasi-judicial hearing."

Any person or persons severally or jointly aggrieved by any decision by the city council which constitutes a quasi-judicial decision may be appealed in the county superior court, pursuant to the provisions of O.C.G.A. tit. 5 for review of lower judicatory bodies.

(Ord. No. 934, § 1, 2-21-2008; Ord. No. 1210, § 4, 6-15-2023)