Due notice of any public hearing(s) pursuant to this article shall be published in the newspaper of general circulation within the city at least 15 days but not more than 45 days prior to the date of the scheduled public hearing of the board, commission or city council. The notice shall state the time, place, and purpose of the public hearing. The cost of the advertisement shall be borne by the applicant.

(Ord. No. 2024-0001, § 18, 3-12-2024)

Editor's note— Ord. No. 2024-0001, § 18, adopted March 2, 2024, repealed the former § 38-629, and enacted a new § 38-629 as set out herein. The former § 38-629 pertained to similar subject matter and derived from the Ord. of 5-2016(2), app. II.

The city clerk shall cause to be posted, at least 15 days prior to the board's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign containing information as to the application and date, time and place of the public hearing before the board. The cost of the sign and posting shall be borne by the applicant.

(Ord. of 5-2016(2), app. II)

(a)

The board shall hold a public hearing on each application for variance. The board shall a recommendation to the mayor and council for approval, approval with conditions or denial. The board may also table the application one time for the presentation of more information.

(b)

At a public hearing, applications shall be called in the ordered determined by the city clerk. If requirements of this article have not been complied with, the application is out of order and will not be called at that hearing. It shall be tabled for one month. If the application is out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months from such date of withdrawal to reapply.

(Ord. of 5-2016(2), app. II)

(a)

All persons who wish to address the hearings board at a hearing on an application under consideration shall first sign up on form to be provided by the city prior to the commencement of the hearing. The chair will read the proposed application under consideration in the order determined by the city clerk. The city clerk or designee shall then present the application along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed application. The chair will then call each person who has signed up to speak on the application in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself and state his current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the board, in its discretion allows the person to speak to the application notwithstanding the failure of the person to sign up prior to the hearing.

(b)

Each speaker shall be allowed three minutes to address the board concerning the application then under consideration, unless the board, by two-thirds vote of the members present, prior to or at the time of the reading of the proposed application, vote to allow additional time in which to address the board. The speaker may initially use all of the time allotted to speak, or may speak and reserve a portion of the allotted time for rebuttal; provided, however, that the proponents and opponents of each application shall have no less than six minutes per side for presentation of date, evidence, and opinions thereon. If a speaker represents a group or organization or other entity, he may speak for ten minutes provided no other person of entity may speak.

(c)

Each speaker shall speak only to the merits of the proposed application under consideration and shall address his remarks only to the member of the board. Each speaker shall refrain from personal attacks on any other speaker or discussion of facts or opinions irrelevant to the proposed amendment under consideration. The chair may limit or refuse a speaker the right to continue if the speaker after first being cautioned continues to violate this subsection.

(d)

Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on a proposed application is conducted in a fair and orderly manner.

(e)

These procedures shall be available, in writing, at each hearing.

(f)

Within 15 days following its recommendation, the board shall notify the applicant and the governing authority, in writing, of its recommendation. The governing authority shall act upon the recommendation of the board within 30 days.

(Ord. of 5-2016(2), app. II)

(a)

The board may recommend, and the governing authority may grant variances only upon finding that all of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that do not apply generally to other land in the vicinity;

(2)

The strict application of the provisions of this division to this particular piece of property would create and undue and unnecessary hardship so that the grant of the variance is necessary of the preservation and enjoyment of a property right and not merely to serve as convenience to the applicant;

(3)

The special conditions and circumstances do not result from the actions of the applicant;

(4)

The benefits of granting the variance will be greater than any negative impacts on the development of the adjacent uses and will further the purposes and intent of this division and the comprehensive plan of the city; and

(5)

The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.

(b)

No variance shall be granted for the use of the land or building that is prohibited by this division nor shall it be granted for a variance from residential densities. In granting a variance, the board may recommend and the governing authority may attach conditions which it finds necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purpose of this division. The conditions to an authorized variance shall also be part of the public record and be a part of the requirements for an issuance of a building permit. Authorization of a variance shall be void after one year unless a building permit has been issued and construction begun.

(c)

No application for variance involving the same parcel of land once heard and acted upon by the governing authority shall be accepted for a rehearing until the expiration of at least six months immediately following the decision by the governing authority.

(Ord. of 5-2016(2), app. II; Ord. of 11-10-2020, app. II)

Any person aggrieved by a final decision of the or mayor and council on an application or petition made pursuant to this division may seek judicial review by filing a petition for review in the superior court of Athens-Clarke County or as otherwise provided by law. The city clerk shall have authority to accept service on behalf of the City of Winterville during normal business hours at the regular office the City of Winterville.

(Ord. No. 2024-0001, § 9, 3-12-2024)

Editor's note— Ord. No. 2024-0001, § 9, adopted March 12, 2024, repealed the former § 38-634, and enacted a new § 38-634 as set out herein. The former § 38-634 pertained to similar subject matter and derived from the Ord. of 5-2016(2), app. II; and the Ord. of 11-10-2020, app. II.