Tifton City Zoning Code
CHAPTER 9
- VARIATIONS
Sec. 9.00.00 - Generally.
The purpose of this chapter is to provide mechanisms for obtaining relief from the provisions of this LDC. There are several ways that potential relief from hardship is addressed. Section 9.01.00 addresses relief through requirements regarding nonconforming development. Section 9.02.00 addresses relief through the grant of a variance in a particular situation due to the characteristics of the land to be developed based on the required site design standards. Section 9.03.00 addresses relief through the grant of an administrative waiver in specific situations. Section 9.04.00 addresses relief through recognition of vested rights regarding use and/or design.
Sec. 9.01.00 - Nonconforming lots, structures, and uses.
9.01.01 Generally.
A.
Within the zoning and overlay districts established by this LDC there may exist lots, structures, or uses of land which were lawfully established before this LDC was adopted but which do not comply with the requirements set forth in this LDC.
B.
Any nonconformity created by a change in district boundaries or LDC regulations after the date of passage of this LDC shall also be governed by the provisions of this section.
C.
It is the intent of Section 9.01.00 to allow these nonconformities to continue until they are removed or discontinued. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding structures or uses prohibited elsewhere in the same district.
D.
Nonconforming uses are declared to be incompatible with permitted uses in the district where the nonconforming use is located.
E.
Nothing in Section 9.01.01 shall be construed to prevent the ordinary and routine maintenance and repair of nonconforming structures or structures which contain nonconforming uses provided that the cubic content of the structure is not increased and no additional non-conforming structure or addition is permitted.
F.
A structure damaged or destroyed by any means to an extent of more than fifty (50) percent of its fair market value at time of destruction shall be reconstructed only in conformity with the provisions of this LDC.
G.
Fair market value, where required, shall be determined by reference to current statutory provisions pertaining to the valuation of real property for ad valorem tax purposes.
H.
A structure that is damaged to an extent less than fifty (50) percent of the fair market value may be restored and occupied as before the damage, provided the following standards are met:
1.
Restoration shall be commenced within six (6) calendar months from the date damages were incurred.
2.
If reconstruction is not commenced within six (6) months, the reconstruction and use of the land or structure shall thereafter conform to the provisions of this LDC.
I.
A nonconforming structure or a structure containing a nonconforming use that is declared by the Manager to be physically unsafe or unlawful due to lack of repairs and maintenance shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zoning district in which it is located.
9.01.02 Nonconforming lots of record.
Any lot for which a plat or legal description has been recorded in the office of the clerk of the Superior Court of Tift County at the time of passage of this LDC which fails to comply with the dimensional requirements for the district in which it is located shall be recognized as a nonconforming lot of record and may, if vacant, be used for any of the uses permitted within the district by this LDC or, if occupied by a structure containing a conforming use, may have the structure improved, enlarged or extended; provided, that in either case:
A.
Minimum requirements of the district for front, side, and rear yard, height, and floor area shall be complied with.
B.
A lot to be used for duplexes, multifamily dwellings, residential group development projects, or mobile homes, when allowed within the district, only if the lot meets the minimum lot area requirements for those uses in the district.
A.
A nonconforming use of a structure shall not be extended or enlarged except into portions of the structure that at the time the use became nonconforming were already erected and arranged or designed for such nonconforming use. No structural alterations shall be made in any structure occupied by a nonconforming use, which would in any way increase the floor space, area, or volume of space occupied by the use.
B.
When a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.
C.
Nonconforming uses shall not be changed to any but conforming uses.
D.
A nonconforming use shall not be enlarged to cover more area than was occupied by that use when it became nonconforming.
E.
When any nonconforming use of a structure or land is discontinued for a period in excess of six (6) months, any future use of the land shall be limited to those uses permitted in that district under the provisions of this LDC. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
Sec. 9.02.00 - Variances.
9.02.01 Generally.
A.
The planning and zoning commission may authorize upon request in specific cases such variance from the terms of this LDC as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the LDC will, in an individual case, result in unnecessary hardship.
B.
A variance shall be authorized only so that the spirit of this LDC shall be observed, public safety and welfare secured, and substantial justice done.
C.
A variance shall not be granted for a use of land or structures that is prohibited by this LDC in the district in question. Such requests shall be filed as requests for rezoning, the authority for such rezoning of property being solely reserved for the governing authority.
(Ord. No. 2024-03, 3-18-2024)
A request for a variance shall be limited to the following dimensional standards: maximum building height; minimum lot width, minimum road frontage; required spacing for driveways; minimum front, side, or rear yard setbacks; or dimensional standards for parking or loading spaces.
9.02.03 Requirements for variances.
A variance may be granted upon a finding by the planning and zoning commission that all the following conditions have been met:
A.
There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;
B.
Such conditions are peculiar to the particular piece of property involved;
C.
The application of this LDC to this particular piece of property would create an unnecessary hardship;
D.
Relief, if granted, will not cause substantial detriment to the public good or impair the purposes and intent of this LDC;
E.
A literal interpretation of the provisions of this LDC would deprive the applicant of rights commonly enjoyed by other properties of the zoning district in which the property is located;
F.
Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the zoning district in which the applicant's property is located;
G.
The requested variance will be in harmony with the purpose and intent of this LDC and will not be incompatible with the neighborhood or to the general public welfare;
H.
The special circumstances are not the result of the actions of the applicant;
I.
The variance requested is the minimum variance that will make possible the legal use of the land or structure; and
J.
The variance is not a request to permit a use of land or structures that are not permitted by right in the zoning district involved.
(Ord. No. 2024-03, 3-18-2024)
9.02.04 Prohibited considerations.
In exercising the above powers, the planning and zoning commission shall not consider the following as grounds for the issuance of a variance:
A.
Any nonconforming use of neighboring lands or structures in the same district; or
B.
Any permitted use of land or structures in other districts.
C.
Economic or financial hardship alone shall not be sufficient to support the issuance of a variance.
(Ord. No. 2024-03, 3-18-2024)
9.02.05 Procedures for variances.
A.
Applications.
1.
An application for a variance shall include the information required for all applications, as set forth in Chapter 10.
2.
An application for a variance shall include a statement explaining how the variance request conforms to all requirements listed in Section 9.02.03.
B.
Review of applications.
1.
An application for a variance shall be reviewed by the Director for compliance with the requirements set forth in Chapter 10.
2.
A public hearing shall be scheduled before the planning and zoning commission.
3.
Notice of the public hearing shall be provided pursuant to the requirements of Chapter 10.
4.
The planning and zoning commission shall conduct the public hearing in accordance with the procedures set forth in Chapter 10.
5.
The planning and zoning commission shall approve, deny, or approve with conditions the application for variance, based upon findings regarding conditions set forth in Section 9.02.03.
6.
The Director shall issue a written order to the applicant when the variance is approved or approved with conditions by the planning and zoning commission.
C.
Expiration of variance approval. Any variance authorized by the planning and zoning commission, for which construction has not commenced within one (1) year from the date on which the decision of the planning and zoning commission becomes final, shall be deemed abandoned and be void and of no further force and effect.
(Ord. No. 2024-03, 3-18-2024)
9.02.06 Appeal of planning and zoning commission action.
Any person aggrieved by the decision of the planning and zoning commission may appeal to the Tift County Superior Court.
(Ord. No. 2024-03, 3-18-2024)
Sec. 9.03.00 - Administrative variance.
9.03.01 Requirements for variances.
The Director is authorized to reduce specific site design and development standards of this LDC where the intent of the LDC can be achieved and substantial performance obtained by granting a variance.
9.03.02 Authority and limitations.
The authority to grant a variance shall be limited to the following:
A.
A reduction in the minimum front, side, or rear yard setbacks for a single lot, provided the reduction is limited to a maximum of thirty-five (35) percent of the minimum standard.
B.
A reduction in the parking requirement provided the reduction is limited to either three (3) space or ten (10) percent of the parking requirement, whichever is more, and the reduction does not limit the availability or location of required handicapped parking.
C.
A reduction in landscaping or buffer requirements provided the reduction is limited to thirty (30) percent of the otherwise required width of the buffer and the reduction is limited to thirty (30) percent of the otherwise required plant materials.
Sec. 9.04.00 - Vested rights.
The purpose of this section is to provide a method to recognize vested rights. A landowner will be held to have acquired a vested right to continue the construction of a building or structure and to initiate and continue a use despite a restriction contained in this ordinance where, prior to the effective date of the ordinance, in reliance upon a permit theretofore validly issued, he has, in good faith, made a substantial change of position in relation to the land, made substantial expenditures, or has incurred substantial obligations.
9.04.01 Time period and applicability.
A.
Within one (1) year from the original date of adoption of this LDC or the date that an amendment to the LDC is passed affecting vested rights or creating a substantial and unreasonable conflict with a development work-in-progress, the affected party may apply for relief.
B.
Any project that constitutes a public nuisance and/or any project presenting a danger to the public health, safety, and welfare of the residents of the City of Tifton shall not qualify for consideration.
The affected party shall submit an application which shall include evidence that demonstrates entitlement to vested rights pursuant to applicable State law. The following information shall be provided:
9.04.02.1 Citation of the specific section(s) of the LDC that affect the development of the property.
9.04.02.2 Identification of the exact dates that specific ordinances or amendments to the LDC were passed by the City Council.
9.04.02.3 All complete applications provided for under this section shall be submitted not later than the one (1) year anniversary date of the adopted LDC or amendments to the LDC.
9.04.03.1 Complete applications shall be submitted to the Director.
9.04.03.2 Requests for a determination of vested rights shall be heard at a public hearing before the City Council.
9.04.03.3 Public notice shall be provided according to the procedures set forth in Section 10.03.00.
9.04.04 Expiration of approval.
An approval for a work-in-progress shall automatically expire in one (1) year where no additional development activity is evident and/or a building permit has not been obtained. Any further work on the site shall require an application for a development plan in full compliance with the standards and procedures of this LDC.