(a)

Recommendations. Applications for variances are heard initially by the planning commission in a public hearing. All applications shall be submitted by the owner of the affected property or the authorized agent of the owner. The planning commission shall decide whether or not to recommend granting relief for the applicant to the mayor and council. The mayor and council shall take final action on the application subsequent to receiving a recommendation from the planning commission.

(b)

Request for a variance. The planning commission may recommend, and the mayor and council may grant, a variance from the terms of these regulations as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done; provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this section in the zoning district in question. The planning commission may recommend, and the mayor and council may grant, a variance in an individual case upon a finding that the following exists:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and

(2)

The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship; and

(3)

Such conditions are peculiar to the particular piece of property involved; and

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations; provided, however no variance may be granted for a use of land, building, or structure that is prohibited herein; and

(5)

A literal interpretation of the zoning ordinance would deprive the applicant of any rights that others in the same zoning district are allowed; and

(6)

Provided that the planning commission may recommend, and the mayor and council may impose or require, such additional restrictions and standards as may be necessary to protect the health and safety of workers in the general neighborhoods; and provided that wherever the mayor and council shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, the mayor and council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a hearing. In exercising the above power, the mayor and council shall not consider any nonconforming use of neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts as grounds for the issuance of a variance.

(c)

Compliance with standards. Where an application to the planning commission and the mayor and council is initiated due to an existing violation of the zoning ordinance and the application is denied, the violation shall be required to be corrected within ten days of such denial or as specified by the mayor and council if a greater period of time is necessary. The maximum extension of time shall not exceed 30 days.

Forms shall be filed with the zoning administrator, and the applicant shall pay the zoning administrator for expenses incidental to the application. No form shall be accepted by the zoning administrator unless it contains all pertinent information and is accompanied by the required fee. Requests for variances must contain the following information:

(1)

Name and address of applicant;

(2)

Name and address of property owner;

(3)

Location and legal description of property;

(4)

Present zoning of property;

(5)

Specific variance (state exactly what is proposed to be done on the property which does not conform with existing requirements);

(6)

Copies of plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract(s), prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. His/her seal shall be affixed to the plat;

(7)

A sketch or preliminary plan indicating the intended use of the property, including but not limited to, proposed streets and lot layouts, access and egress routes, and buffer areas and parking. In general, the plat should contain sufficient data so as to clearly indicate proposed land uses. A sketch plan, with a scale of not less than one inch per 200 feet shall be acceptable; however, should the applicant prefer, a preliminary plat meeting all the requirements of the Town of Tyrone Subdivision Regulations shall be submitted;

(8)

A letter of intent indicating specifically how the property is to be used. Said letter shall be detailed as necessary to clearly describe the proposed site development, existing uses and zoning of nearby property;

(9)

List the extraordinary and exceptional conditions pertaining to the particular use or development proposed, or to the piece of property in question because of its size, shape, topography or other condition, which justifies the variance;

(10)

Explain how the strict application of the zoning ordinance requirements to the use or development proposed, or to this particular piece of property, results in great practical difficulties or unnecessary hardship;

(11)

Explain how the extraordinary and exceptional conditions identified above are peculiar to the use or development proposed or to the particular piece of property involved;

(12)

Provide the conditions, factors and/or circumstances which give assurance that if the requested variance were granted that such variance would not cause substantial detriment to other property owners or tenants, or to the public good, and would not impair the purpose and intent of the zoning ordinance;

(13)

Show how a literal interpretation of the zoning ordinance deprives the applicant of any rights that others in the same zoning district are allowed;

(14)

The application shall be signed and notarized. If the property owner and the applicant are not the same person, a "property owner's authorization" form must be completed; and

(15)

Appropriate filing fee.

The zoning administrator shall establish a public hearing date for the planning commission and the town council. The zoning administrator shall cause a notice of public hearing to be published in the legal organ of the town not less than ten days but not more than 45 days prior to the scheduled public hearing before the Planning Commission and not less than 15 days but not more than 45 days prior to the scheduled public hearing before the mayor and council. Said notice shall set forth the applicant's name, the location of the property to be affected, the present zoning district, the proposed variance for which application has been made and the date, time and place of the public hearing.

The zoning administrator shall cause to be erected upon the property for which the variance is being sought, a sign advertising the date, time and place of the public hearing, the present zoning district and the fact that a request for a variance has been filed. The sign shall be clearly visible from a public street. The sign shall be erected not less than ten days prior to the date of the public hearing before the planning commission and not less than 15 days prior to the date of the public hearing before the mayor and council.

Copies of the proposed variance, the zoning ordinance and official zoning map, plus the evaluation of any changes, will be made available for public review during normal working hours between the date of the appearance of the public hearing notice and the time of the public hearing.

Any party may appear at the public hearing in person or by agent or attorney.

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 25 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.

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.

Decisions of the town council shall be subject to appellate review by the superior court pursuant to its appellate jurisdiction from a lower judicatory body and shall be brought by way of a petition for such review as provided in Title 5 of the Official Code of Georgia Annotated. Such matters shall be reviewed on the record which shall be brought to the superior court as provided in said Title 5. Such appeals shall be brought within 30 days of the written decision of the appealed action. The mayor, or his or her designee, shall have authority, without additional action of the town council, to approve or issue any form or certificate necessary to perfect any petition required by Title 5 of the Official Code of Georgia Annotated for review of lower judicatory bodies. Service of any such petition may be effected on or accepted by the mayor, or his or her designee, on behalf of the town council, during normal business hours, at Town Hall.

(Ord. No. 2023-08, § 1, 5-4-2023)