§ 411. Variances.

A.

A variance is a permit, issued by the planning and zoning commission, which allows use of a parcel of land in a way that varies from requirements for the district in which the property is located. A variance may be granted only in an individual case where a hardship would result if all of the requirements of this ordinance were applied stringently to a particular piece of property. A hardship means that a permitted use of a lot is not reasonable if all of the requirements of this ordinance are to be met. A hardship may exist for medical reasons which would permit the temporary placement of a manufactured home, meeting applicable development standards, on the same parcel as the original principle dwelling. Such temporary dwelling shall be placed behind the principle and within 300 feet of the principle dwelling. Such temporary dwelling shall provide living quarters for an infirm family member or to provide living quarters for a family member or certified/registered assisted living employee to aid in the care of one or more infirm family members living in the original principle dwelling. Variances approved for medical hardship cases shall be reviewed annually by the planning and zoning commission. When the medical hardship ceases to exist, the owner of the principle dwelling shall notify the zoning administrator. Such manufactured home shall be removed within 30 days, or subject to owner of the principle dwelling to fines and penalties as outlined in section 418. The hardship cannot be self-created such as:

1.

A lot purchased with knowledge of an existing restriction.

2.

A claim of hardship in terms of prospective sales.

3.

An expressed economic need requiring a variance, when such a need can be met in other ways which would not require a variance.

B.

A variance shall not cause substantial detriment to the public good or impair the purposes of this ordinance.

C.

When a variance is issued, the spirit of this ordinance must be observed and the public safety and welfare secured. A variance may be granted only for permitted uses in the zoning district in which the property in question is located.

D.

The developer or owner wishing to request a variance must have at least 51 percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature. The planning and zoning commission or board of commissioners may also propose a variance. However, the power to approve a variance rests with the planning and zoning commission, except that in consideration of a rezoning of property from one zoning district to another, the board of commissioners may approve a variance in connection with its approval of a conditional rezoning.

E.

Application for a variance may be made with the zoning administrator. The zoning administrator will take the required information and transmit it to the planning and zoning commission for its consideration. If an applicant for a variance is, at the time of such application, operating a use which requires a variance without having received variance approval, and/or is determined by the zoning administrator to be in violation of the zoning ordinance, as it pertains to the application in question, then the fee for processing the variance application shall be two times the normal variance application fee and the applicant shall cease operations or activities while the variance application is pending. The zoning administrator shall not process any application from that applicant as it pertains to the property in question until the applicant remedies the violation and ceases to be in violation, to the extent practical as determined by the zoning administrator. If the variance application is approved and it remedies the violation, the applicant may continue the activity or operation. If the variance application is not approved, the applicant shall be prevented from continuing the activity or operation applied for until otherwise compliant with the county zoning ordinance.

F.

When the applicant has ceased to be in violation of this ordinance, the zoning administrator will then accept the application for variance.

G.

When an application for a variance is received, the planning and zoning commission will set a time and place for a public hearing on the variance. Notice of the hearing must be published in a newspaper of general circulation in Screven County at least 15 days before the hearing. Such notice will state the application number, owner's name, property location, its area, time, place and subject of the hearing. At least 15 days before the public hearing, notice of the time, place, and subject of the hearing will be sent to the appellant or petitioner in writing by U.S. mail to his last known address. Copies of all such letters will be maintained in the applicant's file. The zoning administrator shall post a sign at least two feet by three feet in size in a conspicuous place on the property at least 15 days but not more than 45 days prior to the date of the scheduled public hearing before the planning and zoning commission. The sign must set forth the subject of the hearing, date, time and place of the scheduled public hearing.

H.

All persons who wish to address the planning and zoning commission at a hearing concerning an appeal under consideration by the planning and zoning commission shall first sign up on a form to be provided by the zoning administrator prior to the commencement of the hearing.

I.

The chairman or his designee will read the proposed appeal under consideration, and the departmental reviews pertaining thereto, if any, prior to receiving public input on the proposed appeal. Appeals shall be called in the order in which they were filed.

J.

The chairman or his designee shall then call each person who has signed up to speak on the appeal then before the planning and zoning commission in the order in which the persons have signed up to speak, except that the applicant who shall speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless two-thirds of the members of the planning and zoning commission present at the hearing allow the person to speak to the appeal.

K.

Each speaker shall speak only to the merits of the proposed appeal under consideration and shall address his remarks only to the member of the planning and zoning commission. Each speaker shall refrain from personal attacks on any other speaker or from discussing facts or opinions irrelevant to the proposed appeal 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.

L.

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

M.

The planning and zoning commission will make a decision concerning the variance and record the decision in the minutes for that meeting.

N.

The planning and zoning commission may impose any other conditions which must be complied with by the applicant to compensate for the requirements varied from.

O.

Where a variance is granted for a construction activity requiring a building permit, the building permit must be obtained and construction must begin within six months of the issuance of the variance. Otherwise, the variance expires after six months.

P.

Any person aggrieved by a decision of the planning and zoning commission on an application for a variance may appeal the decision of the planning and zoning commission to the Screven County Board of Commissioners which shall hear such appeal pursuant to the same procedures established for consideration of a variance by the planning and zoning commission, except that no additional public hearing will be required.

(Ord. of 11-9-2004(2), § 4)