A.

A variance may be granted where owing to special conditions, a literal enforcement of the provisions of this unified development code will in an individual case result in unnecessary hardship.

B.

A variance shall observe the spirit of this unified development code, secure public safety and welfare, and deliver substantial justice.

C.

The existence of a nonconforming use on adjacent or nearby property shall not constitute a justification for granting a variance.

D.

The planning commission shall make recommendations to the mayor and city council which shall have the authority to render a decision on a variance application pursuant to the public notice and hearing requirements set forth in Chapter 9.

E.

A variance may not be granted for a use specifically prohibited by this unified development code. A variance is intended to compensate for a shortfall in a dimension of real property that would prevent the property from complying with a site design standard. Variances may only be granted following a review of an application against criteria established below.

The variance procedures of this chapter shall not be used to:

A.

Allow a structure or use not authorized in the subject zoning district;

B.

Allow an increase in maximum building height;

C.

Waive, vary, modify or otherwise override a condition of approval attached to a rezoning, special use, or other major modification under this unified development code;

D.

Reduce, waive, or modify in any manner the minimum lot area or lot width required for any lot;

E.

Allow the reestablishment of any nonconforming use that has been abandoned or lost its nonconforming rights; or

F.

Allow the expansion or enlargement of any nonconforming use.

A variance may be granted only upon a finding by the mayor and city council that all the following conditions are met:

A.

Extraordinary and exceptional circumstances pertaining to the particular piece of property in question exist due its size, shape, or topography that are not found on other properties in the same zoning district;

B.

A literal interpretation of the provisions of this unified development code would deprive the applicant of rights commonly enjoyed by owners of other properties located in the same zoning district;

C.

Granting the variance requested will not confer upon the property owner any special privileges that are denied to other owners of property in the same zoning district;

D.

The variance will be consistent with the purposes and intent of this unified development code, will be compatible with uses on neighboring properties, and will serve the public welfare;

E.

The extraordinary circumstances are not the result of actions of the applicant;

F.

The variance is the minimum relief that will allow the legal use of the land, building or structure; and

G.

The variance is not a request to permit a use of land, buildings or structures that is prohibited in the same zoning district.

A.

Requirements. A variance may be initiated by an application from a property owner or on behalf of a property owner.

B.

Application. Applications shall contain the information set forth below:

1.

The City of Stockbridge application for variance.

2.

Proof of ownership.

3.

When the applicant is a representative of the property owner, a notarized statement authorizing the representative to act as an agent of the property owner with regard to the application and associated procedures.

4.

Applicant campaign disclosure form (for applicant/owner, agent and/or attorney).

5.

A property survey conducted no more than five (5) years prior to the filing of the application, containing the legal description, boundaries, land area, notation whether any portion of the property is within a floodplain and existing improvements located on the site. Where two (2) or more parcels are included within a proposed development, the survey shall include all parcels that are part of the proposed development, including all phases. The survey shall be prepared and sealed by a surveyor registered in the State of Georgia. If the survey is older than five (5) years, the survey must be certified by a surveyor registered in the State of Georgia as to whether changes have or have not been made to the property.

6.

A vicinity map indicating the location of the site proposed for development.

7.

Proof of payment of fees.

8.

Other information as may be required by the director.

C.

Action by the director.

1.

The director shall make a determination of application completeness.

2.

The director shall prepare a staff report addressing the request for variance.

D.

Public Hearing. The director shall advertise for the public hearing at the mayor and city council in accordance with Section 9.3, Public Notice Requirements.

E.

Planning Commission Recommendation.

1.

The application shall be submitted to the planning commission for review at a public meeting.

2.

The planning commission shall review the application according to the published schedule.

3.

The planning commission shall submit its report with comments and recommendations according to the published schedule. The recommendations of the planning commission shall be submitted to the mayor and city council. The recommendations of the planning commission shall be of an advisory nature and shall not be binding on the mayor and city council.

4.

In making its recommendation, the planning commission may recommend approval, approval with conditions, or denial. Findings shall be set forth in official minutes of the planning commission.

F.

Mayor and City Council Action.

1.

The mayor and city council shall consider the application for variance at a public hearing.

2.

The mayor and city council shall consider the information set forth in the staff report and the findings and recommendations of the planning commission.

(Ord. No. OR24-559, 3-4-2024)

The director shall have the power to approve a variance from site design and development standards of this unified development code where the intent of this unified development code can be achieved, equal performance obtained, and the administrative variance would not override conditions of zoning assigned by the elected body. The authority to grant a variance shall be limited to the following approvals:

A.

A reduction in the minimum front, side, or rear yard setbacks for a single lot, provided the following standards are met:

1.

The reduction is necessary due to the existence of any one (1) of the following factors:

a.

Geologic conditions;

b.

Topography; or

c.

Inability of the applicant to adhere to tree protection standards set forth in Chapter 13, Tree Protection.

2.

The reduction is limited to a maximum deviation of ten percent (10%) from the site design standard.

B.

Side yard requirements may be waived by the community development director, where a joint fall-out shelter is proposed, provided that permanent easements are recorded to ensure access to both parties.

C.

A waiver from Section 4.8 requiring a dust free parking surface may be issued by the director provided the parking area consists of a pervious or semi-pervious materials meeting the following standards:

1.

There shall be a paved primary lot that serves the parking needs of customers and employees on a regular basis. Unpaved parking spaces may not count toward the parking requirements outlined in Section 4.8 with the exception of spaces dedicated to employees of the business.

2.

Materials used for unpaved parking shall be approved by the Henry County Fire Department prior to installation.

3.

Unpaved parking areas shall be enclosed by a fence that restricts public access. All gates and locks shall be approved by the Henry County Fire Department prior to installation.

4.

The unpaved parking area shall meet the design standards for parking lots, with the exception of paving requirements, and including size of spaces, drive aisles, maneuvering areas and stormwater management.

5.

A paved driveway leading to the unpaved parking area that is a minimum of twenty-four (24) feet in length shall be provided.

6.

Unpaved parking areas are subject to the landscaping provisions, including the provision that all landscaping be permanently maintained. Surfaces must remain grass and weed free.

(Ord. No. OR24-559, 3-4-2024)

A.

The mayor and city council shall hear and decide appeals where it is alleged by the appellant that there is error in any approval, denial, written interpretation, or decision made by the director, based on the interpretation or enforcement of the unified development code.

B

Only persons or entities that have legal standing in the challenged action shall be permitted to file an appeal under this Code section.

C.

Appeals under this Code section shall be filed with the director. The director shall immediately notify the appropriate department that an appeal application and the requisite fees have been filed and shall immediately forward those documents to the appropriate department head and/or his or her designee for handling. Upon receipt of the appeal documents, the department head or his/her designee shall be responsible for notifying the city clerk via email that an appeal application has been filed and shall thereafter, be responsible for ensuring that all appeal documentation is provided to the city clerk for inclusion of the matter on a scheduled public hearing to be heard by the mayor and city council not later than thirty (30) calendar days from the date of filing. The notifying department shall be responsible for submitting any required legal advertisements and posting the appropriate signs. The director shall be responsible for notifying all property owner(s) and appellant(s) that an appeal has been filed and the date on which the appeal will be heard by the mayor and city council. The director shall be responsible for providing an executive summary detailing the rationale for the decision in question and shall present the findings and all relevant documents pertaining to the appeal to the city clerk for presentation at the mayor and city council meeting in which the appeal will be heard.

Should the mayor and city council overturn the decision of staff, the applicant shall have thirty (30) calendar days from the date of the decision to request a refund of no more than seventy-five percent (75%) of the appeal fee paid.

D.

A scheduled appeal may be temporarily postponed at the request of the appellant or staff; however, the party requesting such postponement shall be responsible for the cost of any legal advertisement fees prior to the matter being rescheduled for a new hearing date.

A.

Appeals may be filed by any person aggrieved by any written approval, denial, interpretation, decision or enforcement action of the director, based on or made in the enforcement of the unified development code.

B.

A person shall be considered aggrieved if:

1.

Said person or said person's property was the subject of the action appealed from; or

2.

Said person has a substantial interest in the action appealed from and is in danger of suffering special damage or injury not common to all property owners similarly situated.

A.

An appeal shall be filed within thirty (30) calendar days following the written approval, denial, or interpretation, of the director.

B.

A hearing before the mayor and city council shall be held according to the published schedule.

An appeal request, along with the advertising and review fee per the approved fee schedule shall be filed with the director indicating on the application in which the administrative decision originated and include a letter of intent addressing the following:

1.

Completed application form, provided by the city;

2.

Written documentation specifying the alleged errors in the approval, denial, interpretation, or decision of the planning commission or the director;

3.

Citation of the section(s) of the unified development code pertaining to the action of the director; and

4.

A statement of the specific relief requested by the party appealing.

An appeal stays all legal proceedings in furtherance of the action appealed from unless the director certifies to the mayor and city council, after notice of appeal has been filed, that by reasons of facts stated in the certificate, a stay would, in the opinion of the director, cause imminent peril to life or property. In such case, proceedings shall be stayed only by a restraining order granted by the Superior Court of Henry County on notice to the director and on due cause shown.

A.

The hearing of the appeal shall be quasi-judicial and shall be conducted at a regular meeting, according to the published schedule, or at a special meeting of the mayor and city council.

B.

Public Hearing. The director shall advertise for the public hearing at the mayor and city council in accordance with Section 9.3, Public Notice Requirements.

C.

Any party may appear at the hearing in person, by an authorized agent, or by an attorney.

D.

Following the consideration of all testimony, documentary evidence, and matters of record, the mayor and city council shall make a determination on the appeal. An appeal shall be sustained only upon an expressed finding by the mayor and city council that the decision by the director was based on an erroneous finding of a material fact, or that the director acted in an arbitrary manner. In exercising its powers, the mayor and city council may reverse or affirm, wholly or partly, or may modify the requirement, decision or determination appealed from, and to that end shall have all the powers of the director from whom the appeal was taken and may issue or direct the issuance of a permit provided all requirements imposed by all other applicable laws are met.

(Ord. No. OR24-559, 3-4-2024)

All appeals of final decisions of the mayor and city council shall be as follows:

A.

An appeal of the final decision of the mayor and city council under this chapter may betaken by the applicable processes as stated in O.C.G.A. § 36-66-5.1.

B.

If an appeal is being made by way of petition for review to the superior court where the property lies, in accordance with both O.C.G.A. § 36-66-1 et seq., and as provided for in Title 5, any petition may be served through the city manager or mayor on behalf of the lower judiciary being appealed. The city manager or mayor may be served with the petition on behalf of the city.

C.

An appeal shall be filed within thirty (30) calendar days after the final decision is rendered.

(Ord. No. OR24-559, 3-4-2024)

The purpose of this section is to provide a method to recognize vested rights and works-in-progress that were authorized prior to the effective date of this unified development code.

A.

Any property zoned PD (planned development) prior to adoption of this unified development code shall be subject to all development agreements and approved master plans until such time the property is rezoned.

B.

Any property that has been rezoned prior to adoption of this unified development code shall meet all prior zoning conditions imposed regardless of any zoning change caused by this unified development code until such time the property is rezoned.

C.

Applicant shall be vested in any permit approved prior to adoption of this unified development code until the permit expires.

D.

All flag lots platted and recorded prior to adoption of this unified development code shall be considered legal, nonconforming lots of record.

(Ord. No. OR24-559, 3-4-2024)