Where the owner of a plot of land consisting of one or more adjacent lots of record at the time of the enactment of this ordinance did not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this ordinance; or if the topography, physical shape, or other unique features of such lots of record prevent reasonable compliance with the setback used as a building site upon approval of the building inspector, the yard and other space requirements of the district in which the property is located may be reduced by the smallest amount that will permit reasonable uses of the property as a building site. Such reduction of these space requirements shall constitute a variance. However, in no case shall the building inspector permit any lot in a residential district to be used as a building site which is less than 75 percent of the district's minimum area and yard requirements as set forth in article VIII of this ordinance. Further, the building inspector shall grant variances only upon finding that all of the following conditions exist:

*

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

*

The application of this ordinance to the particular piece of property would create an unnecessary hardship; and

*

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance; and

*

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

*

The special circumstances surrounding the request for a variance are not the result of acts by the applicant; and

*

The variance is not a request to permit a use of land, buildings, or structures which is not permitted [by] right or by conditional use permit in the district involved.

Upon approval of the mayor and council of the City of Union Point the minimum side yard and rear yard requirements of the district in which the property is located may be reduced by the smallest amount that will permit reasonable uses of the property as a building site. However, in no case shall the mayor and city council of the City of Union Point permit any lot in a residential district to be used as a building site which is less than 75 percent of the district's minimum area or front yard requirements or 33 percent of the district's minimum side and rear yard requirements. Further, the mayor and city council shall grant variances only upon finding that all of the following conditions exist:

*

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

*

The application of this ordinance to the particular piece of property would create an unnecessary hardship; and

*

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance; and

*

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

*

The special circumstances surrounding the request for a variance are not the result of acts by the applicant; and

*

The variance is not a request to permit a use of land, buildings, or structures which is not permitted [by] right or by conditional use permit in the district involved.

(Ord. of 4-12-1994, § 2)

The front yard setback requirement of this ordinance for dwellings shall not apply on any lot where the average setback of existing buildings is located wholly or in part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setbacks of the adjoining buildings. In no case shall the setback be less than 15 feet from the street right-of-way upon which said lot fronts.

The height limits of this ordinance shall not apply to structures not intended for human occupancy such as church spires, flag poles, chimneys, monuments, radio or television towers or aerials, water towers or similar structures. The height limits shall apply to signs.

The side yard setback requirements for corner lots shall be the same as the front yard requirement for adjoining lots on the same street.

In all use districts except the C-1 neighborhood commercial, no fence, wall, shrubbery, or other obstruction to vision between the heights of 2½ feet and 15 feet above the finished grade of streets shall be erected, permitted or maintained within 20 feet of the intersection of the rights-of-way lines of streets or of streets and railroads.

Access to public streets shall be maintained in accordance with the following requirements:

10.6.1 Each principal use shall be located on a lot or parcel which provides frontage on a public street having a right-of-way of not less than 50 feet.

10.6.2 Any additional dwelling shall have access to a public street by means of a passageway open to the sky at least 15 feet in width.

Conditional uses shall be permitted in those districts herein provided, where such use is deemed to be in harmony with the overall pattern of development of the area in which it is proposed and where such use shall not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use, and where it will not be detrimental or injurious to property or improvements in the neighborhood.

Proposed conditional uses shall be approved by the mayor and council, following an advertised public hearing, where the mayor and council find that:

1.

Adequate provision will be made on the proposed site for setbacks, fences, screening, or other improvements to protect adjacent properties from possible adverse effects, such as glare, noise, dust, vibration, odor, electrical disturbances, or similar factors.

2.

Vehicular and pedestrian traffic on adjacent streets will not be hindered or endangered.

3.

Off-street parking and loading and the exits and entrances of the proposed use will be adequate in terms of location amount, and design to serve the use.

4.

Adequate public facilities are available to the site.

5.

The proposed use will not adversely affect the property values or general character of the area.

For new developments proposed within the city which meet or exceed the minimum thresholds identified in the department of community affairs' procedures and guidelines for the review of development of regional impact (DRI), the city will comply with these intergovernmental review procedures. The city shall be allowed up to a maximum of 30 days to complete the review process for large development projects that are likely to create impacts in other local jurisdictions. The city will not take any official action to further any such developments until the DRI review process is completed or a maximum of 30 days has transpired from the date the completed DRI request for review form was forwarded [to] the Northeast Georgia Regional Development Center.