§ 107-125. Procedures.

The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development activity or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this chapter. A request for a variance may be submitted by an applicant who has been denied a permit by the Community Development Department or by an owner or developer who has not previously applied for a permit for the reasons stated hereinabove.

(1)

Requests for variances from the requirements of this chapter shall be submitted to the Community Development Department. All such requests shall be heard and decided in accordance with procedures to be published in writing by the Community Development Department. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(2)

Any person adversely affected by any decision of the Community Development Department shall have the right to appeal such a decision to the Zoning Board of Appeals as established by the city in accordance with procedures to be published in writing by the Zoning Board of Appeals. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(3)

Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the superior court of the county, as provided in O.C.G.A. § 5-4-1.

(4)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance issued shall be the minimum necessary to preserve the historic character and design of the structure.

(5)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(6)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(7)

In reviewing such requests, the Community Development Department and the Zoning Board of Appeals shall consider all technical evaluations, relevant factors, and all standards specified in this section and other sections of this chapter.

(8)

Conditions for variances:

a.

A variance shall be issued only when there is:

1.

A finding of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship; and

3.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety extraordinary public expense, or the creation of a nuisance.

b.

The provisions of this chapter are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of a historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

c.

Any person to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

d.

The Community Development Director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(9)

Any person requesting a variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the Community Development Authority and the Zoning Board of Appeals may attach such conditions to the granting of variances as they deem necessary to the consideration of the request.

(10)

Upon consideration of the factors listed in this section and the purposes of this chapter, the Community Development Department and the Zoning Board of Appeals may attach such conditions to the granting of variances as they deem necessary or appropriate, consistent with the purposes of this chapter.

(11)

Variances shall not be issued "after the fact."

(Ord. No. 09-2006, art. 6, 9-18-2006)