The city council shall have the following powers and duties:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this article.

(2)

To authorize upon application a variance from the terms of the article, but only where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, which, at the time of adoption of this article was a lot or plat of record; or where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property, or where by reason of other extraordinary or exceptional circumstances the strict application of the requirements of this article would result in practical difficulties of, or undue hardship upon, the owner of this property, provided that this relief may be granted without substantially impairing the intent and purpose of this article. In granting a variance, the city council may attach such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this article will be served, pubic safety and welfare secured and substantial justice done. However, the city council shall not be authorized to grant a use variance to permit a use in a district in which the use is prohibited.

(Ord. No. 07-05, Art. 14, § 14.1, 12-3-2007)

(a)

The city council shall hear appeals and variance applications referred to it within 45 days of receiving the complete and sufficient application for appeal and give notice to the appellant and official(s) subject to the appeal. The secretary shall issue proper public notification of the public hearing. The public notification shall indicate the place, date and time of the hearings and shall be posted and advertised per O.C.G.A. § 50-14-1 et seq., the Georgia Open Meetings Act.

(Ord. No. 07-05, Art. 14, § 14.2, 12-3-2007; Ord. No. 23-06, Art. XIV, 12-4-2023)

(a)

A local government delegating decision-making power to a quasi-judicial officer, board, or agency shall provide for a hearing on each proposed action described in O.C.G.A. § 36-66-3(1.1) of the ZPL and in section 74-38 of this chapter. Notice of such hearing shall be provided a minimum of 30 days prior to the quasi-judicial hearing, with such notice being made as provided in this section and with additional notice being mailed to the owner of the property that is the subject of the proposed action.

(1)

The department of planning and development shall publish a notice of the time, location and date of such hearing and shall place the proposed action on the agenda of a regular meeting for a public hearing in accordance with the requirements of the zoning ordinance section 74-41.

(2)

If a zoning decision of the City of Senoia is for the rezoning of property and the rezoning is initiated by a party other than the city, then the additional public notice as below shall be given:

a.

The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

b.

A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing; and

c.

The department shall publish such notice in a newspaper of general circulation within the county a minimum of 15 days and not more than 45 days prior to the date of the hearing. Such notice shall be a minimum of six column inches in size and shall not be located in the classified advertising section of the newspaper.

(b)

All applications shall be accompanied by a as established on the adopted schedule.

(Ord. No. 07-05, Art. 14, § 14.3, 12-3-2007; Ord. No. 23-06, Art. XIV, 12-4-2023)

An appeal stays the enforcement of the provisions of this article under appeal until a final decision on the appeal is made, except the city council may revoke the stay of enforcement if such stay would cause immediate peril to life and property.

(Ord. No. 07-05, Art. 14, § 14.4, 12-3-2007)

(a)

In exercising its powers, the city council may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the city official whose decision is appealed and may issue or direct the issuance of a building permit.

(b)

On all appeals, applications and other matters brought before the city council, said council shall inform, in writing, all the parties involved of its decisions and the reasons therefor. Recourse from a decision by the city council shall be to a court of competent jurisdiction as provided by law.

(c)

Following consideration of all testimony, documentary evidence and matters of record, the city council shall make a determination on each appeal. The city council shall decide the appeal within a reasonable time but, in no event, more than 45 days from the date of the initial hearing. An appeal may be sustained only upon an expressed finding by city council that the administrative determination of the quasi-judicial officer, board, or agency was based on an erroneous finding of a material fact, or that the officer, board, or agency acted in an arbitrary manner.

The city council shall also consider the following standards of review when deciding an appeal:

(1)

The degree to which the granting of the appeal, overturning the action by the quasi-judicial officer, board, or agency would adversely impact adjacent and nearby property as opposed to the public benefit realized in denial of the appeal.

(2)

Whether the granting of the appeal would further the purposes of the zoning district to which the subject of the appeal is related.

(3)

Whether the granting of the appeal would cause significant adverse environmental impacts.

(4)

Whether the granting of the appeal would allow a use or manner of operation otherwise in compliance with all other standards of the zoning district which may be related to the appeal.

(5)

Whether the granting of the appeal is consistent with the established record of decision concerning identical or similar appeals.

(Ord. No. 07-05, Art. 14, § 14.5, 12-3-2007; Ord. No. 23-06, Art. XIV, 12-4-2023)

(a)

All persons who wish to testify to the city council at a hearing concerning an appeal or variance under consideration by the council shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

(b)

The secretary will read the proposed appeal under consideration. The zoning administrator, or his designee, shall then present the basis of the appeal, along with the pertinent department reviews, if any, prior to receiving testimony on the proposed appeal. Appeals shall be called in the order in which they were filed.

(c)

The mayor or his or her designee shall then call each person who has signed up to testify on the appeal or variance then before the council in the order in which the persons have signed up to testify, except the applicant and the witnesses for the applicant who may speak first. Prior to testifying, the witness will identify himself or herself and state his/her current address.

(d)

Each witness shall testify only to the merits of the proposed appeal under consideration and shall address his/her remarks only to the members of the city council. Each witness shall refrain from the discussion of facts or opinions irrelevant to the proposed appeal under consideration. The mayor may limit a witness, if after being cautioned, the witness continues to violate this subsection.

(e)

No person who has an interest in the decision of the council shall be denied the right to be represented by counsel or to examine a witness who addresses the council.

(f)

Nothing contained herein shall be construed as prohibiting the mayor from conducting the hearing in an orderly and decorous manner to assure that the public hearing on the appeal is conducted in a fair and orderly manner.

(Ord. No. 07-05, Art. 14, § 14.6, 12-3-2007)

The zoning administrator is empowered to review and approve a request for an administrative variance. Applications may be considered only if the following requirements are met:

(1)

The request only pertains to a zoning setback requirement; and

(2)

The request is for an encroachment that would not exceed ten percent of the required setback, up to a maximum of ten feet.

In reviewing the application, the zoning administrator 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 the request is in conformance with these requirements and does not adversely affect the area, the zoning administrator shall issue an official determination in writing approving the request. The property owner, the town clerk, and the building official shall be provided with a copy of this determination. If the request is not in conformance with these requirements or may possibly have an adverse effect on the surrounding area, the zoning administrator shall deny the appeal in writing, stating the reasons for the denial. The zoning administrator shall act on all requests within 15 working days after the application is filed. If the request is denied by the zoning administrator, the property owner many go through a variance process.

Limitations on authority.

Notwithstanding anything to the contrary provided herein, certain issues are not eligible for variances:

(1)

There shall be no variance to the minimum lot area or size; and

(2)

There shall be no variance to the minimum lot frontage on a street.

(3)

The provisions of the zoning ordinance shall be administered by the department, in association with the Senoia Planning Commission (planning commission), and the Senoia mayor and council (city council).

(4)

The authority of quasi-judicial officers, boards, and agencies identified in this chapter and appointed by the city council to exercise delegated, quasi-judicial zoning powers, including hearing appeals of administrative decisions by such officers, boards, or agencies and hearing and rendering decisions on applications for variances, administrative permits or other similar permits not enumerated herein as a zoning decision.

(Ord. No. 17-04, 11-6-2017; Ord. No. 23-06, Art. XIV, 12-4-2023)