§ 104-87. Variance procedures.

(a)

The planning and zoning commission, as established by the city council, shall hear and decide requests for appeals or variance from the requirements of this article.

(b)

The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the community development director or his designee in the enforcement or administration of this article.

(c)

Any person aggrieved by the decision of the community development director or his designee may appeal such decision to the superior court of the county, as provided in O.C.G.A. § 5-4-1.

(d)

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 an historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(e)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this article 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.

(f)

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

(g)

In reviewing such requests, the planning and zoning commission shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article.

(Code 2004, § 154.35; Ord. No. 442, 4-18-2011)