ARTICLE XI: EXCEPTIONS AND MODIFICATIONS Section 11.1
Area Variances
11.1.1 Where a legal lot of record at the time of the enactment of this ordinance cannot meet the minimum yard and setback requirements in any Zoning District in which single-family dwellings are permitted and the owner of such lot does not own sufficient adjoining land that can be incorporated into such lot to meet the minimum yard and setback requirements of this ordinance; or if the topography, physical shape, or other unique features of such lot of record, prevent reasonable compliance with the setback requirements, the yard, side-yard and rear-yard setback requirements of the district in which the property is located may be reduced by the smallest amount that will permit reasonable use of the property as a single-family dwelling site, upon approval of the Planning and Zoning Commission. Such reduction of these space requirements shall constitute a variance. However, in no case shall the Planning and Zoning Commission permit any lot in a residential district (R-1, R-2 or R-3) to be used as a building site that is less than seventy-five percent (75%) of the district's minimum lot size as set forth in Article VIII of this ordinance. Further, the Planning and Zoning Commission may grant variances only upon certification by the Madison County Board of Health that such lot can meet the water and sewer requirements of the Georgia Environmental Protection Division and that all of the following conditions exist:
11.1.2
Section 11.2 11.2.1
11.1.1.1
There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and
11.1.1.2
The application of this ordinance to the particular piece of property would create an unnecessary hardship; and
11.1.1.3
Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance; and
11.1.1.4
Such conditions are peculiar to the particular piece of property involved; and
11.1.1.5
The special circumstances surrounding the request for a variance are not the result of acts by the applicant; and
11.1.1.6
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.
Public hearings on variances shall be conducted pursuant to Article XIV of this ordinance.
Use Variance Where the owner of a parcel of land has a legally non-conforming use at the time of the enactment of this ordinance or its amendment, the Board of Commissioners, after recommendation from the Planning and Zoning Commission may grant a use variance upon a finding that all of the following conditions exist:
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11.2.1.1
literal enforcement of these regulations will result in unnecessary hardship to the owner;
11.2.1.2
the plight of the owner is due to unique circumstances especially affecting the owner's parcel or building but not affecting generally the zoning district in which it is located;
11.2.1.3
the use variance, if granted, is not contrary to the public interest; and
11.2.1.4
the use variance, if granted, will substantially serve the public convenience and not substantially and permanently injure the appropriate use of the neighboring property.
11.2.2
Public hearings on variances shall be conducted pursuant to Article XIV of this ordinance.
11.2.3
If the variance request is denied, then the same property may not be considered for a Use Variance for at least at least six (6) months immediately following the denial of the Use Variance by the Board of Commissioners.
Section 11.3
Conditional Uses
Conditional uses are 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. Uses listed as "conditional uses" in the Zoning District shall only be permitted by special review and approval by the Board of Commissioners after a public hearing based upon findings that the proposed use is consistent with the adopted Comprehensive Plan and that the location, construction, and operation of the proposed use will not result in a significant adverse impact upon surrounding areas or the community in general as further described.
11.3.1
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;
11.3.2
Vehicular and pedestrian traffic on adjacent streets will not be hindered or endangered.
11.3.3
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.
11.3.4
Adequate public facilities are available to the site.
11.3.5
The proposed conditional use will not be injurious to the use or enjoyment of the environment or other property in the immediate vicinity or diminish and impair property values within the surrounding neighborhood ;
11.3.6
The proposed conditional use will not increase local or state expenditures in relation to
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cost of servicing or maintaining neighboring properties; 11.3.7
The establishment of the conditional use will not impede the normal and orderly development of surrounding property for uses predominant in the area; and
11.3.8
The location and character of the conditional use is considered to be consistent with a desirable pattern of development for the locality in general.
Section 11.4
Application Requirements for Conditional Use Permits and Variance Requests
11.4.1.
Minimum Requirements for Applications. All applications for a Conditional Use Permit or a variance shall be filed with the Planning and Zoning Department and accompanied by, at a minimum, the following items: 11.4.1.1
An application form as available from the Planning and Zoning Department, complete in all Respects;
11.4.1.2
An application fee as required by the Board of Commissioners to cover administrative and advertising costs.
11.4.1.3
A site plan (see Section 6.8.1) to assist the approving authority in rendering a decision on the application. Where, in the opinion of the Zoning Administrator, the County would not be better served by a formal site plan only a sketch plan (see Section 6.8.2) will be required.
Section 11.5 Public Hearings and Procedures Required for Conditional Use Applications 11.5.1
Public Hearings Required for Conditional Use Applications. Before approving conditional use application two (2) public hearings must be held, the first to be conducted by the Planning and Zoning Commission for review and recommendation to the Board of Commissioners. The second public hearing is held by the Board of Commissioners to determine the disposition of the application. Such public hearing shall be conducted in accordance with Section 14.3.11 of this Ordinance. 11.5.1.1
Applicant Notification. The Zoning Administrator shall notify the applicant of the date, time and place of the required public hearings.
11.5.1.2
Notice to adjacent property owners. The Zoning Administrator shall give notice of the dates, time, place and purpose of the public hearings by mail to the owners of all properties abutting any part of the property where conditional use action is to be considered. The failure to notify as provided herein, shall not invalidate any decisions made by the approving authority. For notice purposes the abutting property owners are those on record at the tax office on the date of the application.
11.5.1.3
Publication of Notice. At least fifteen (15) and not more than forty-five
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days prior to the public hearings the Zoning Administrator shall cause notice of the hearings to be published in a newspaper of general circulation in Madison County. The notice shall state the time, place and purpose of the hearings and include the name of the applicant, tax map and parcel number and location of the property. 11.5.1.4
Signage. In addition to the newspaper notice, and not less that fifteen days prior to Planning and Zoning Commission public hearing, the Zoning Administrator shall cause to have posted in a conspicuous place on the property proposed for a Conditional Use Permit one or more signs approximately thirty-two inches (32") in height and twenty-four inches (24") in width and shall contain the following information:
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AN APPLICATION HAS BEEN FILED WITH MADISON COUNTY IN REGARDS TO THE ZONING REGULATIONS AS THEY APPLY TO THIS PROPERTY
THE APPLICATION IS FOR
CONDITIONAL USE THE HEARINGS WILL BE HELD AS FOLLOWS PLANNING AND ZONING
BOARD OF
COMMISSION
COMMISSIONERS
DATE ____________________
DATE_____________________
TIME ____________________
TIME _____________________
LOCATION:
PUBLIC MEETING ROOM GOVERNMENT COMPLEX
91 ALBANY AVE.
DANIELSVILLE, GA
FOR FURTHER INFORMATION CALL: (Telephone No.) THIS SIGN NOT TO BE REMOVED WITHOUT AUTHORIZATION
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11.6
Public Hearings and Procedures for Variance Applications: 11.6.1 Public Hearing for Variance Requests. Before approving a variance request, a public hearing must be conducted by the Planning and Zoning Commission in accordance with Section 14.3.11 of this ordinance. 11.6.1.1
Applicant Notification. The Zoning Administrator must notify the applicant of the date, time and place of the required public hearing.
11.6.1.2
Notice to adjacent property owners. The Zoning Administrator must give notice of the dates, time, place and purpose of the public hearing by mail to the owners of all properties abutting any part of the property where a variance action is to be considered. The failure to notify as provided herein, shall not invalidate any decisions made by the approving authority. For notice purposes, the abutting property owners are those on record at the tax office on the date application is filed.
11.6.1.3
Publication of Notice. At least fifteen (15) and not more than forty-five days prior to the public hearing the Zoning Administrator shall cause a notice of the hearing to be published in a newspaper of general circulation in Madison County. The notice shall state the time, place and purpose of the hearing and include the name of the applicant, tax map and parcel number and location of the property.
11.6.1.4
Signage. In addition to the newspaper notice, and not less that fifteen days prior to Planning and Zoning Commission public hearing, the Zoning Administrator shall cause to have posted in a conspicuous place on the property proposed for a Variance one or more signs approximately thirty-two inches (32") in height and twenty-four inches (24") in width and shall contain the following information:
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AN APPLICATION HAS BEEN FILED WITH MADISON COUNTY IN REGARDS TO THE ZONING REGULATIONS AS THEY APPLY TO THIS PROPERTY
THE APPLICATION IS FOR
(TYPE) VARIANCE THE HEARINGS WILL BE HELD AS FOLLOWS PLANNING AND ZONING COMMISSION DATE _____________ _______ TIME ____________________ LOCATION:
PUBLIC MEETING ROOM GOVERNMENT COMPLEX
91 ALBANY AVE.
DANIELSVILLE, GA
FOR FURTHER INFORMATION CALL: (Telephone No.) THIS SIGN NOT TO BE REMOVED WITHOUT AUTHORIZATION
Section 11.7 Denial of Application: 11.7.1
Denial of Application: If an application for a Conditional Use Permit or a Variance is denied, then a similar request for the same property may not be submitted until the expiration of a least six (6) months immediately following the denial. For variance applications where the Planning and Zoning Commission's denial was appealed to the Board of Commissioners, the six (6) month period will begin following denial by the Board.
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Article XVI: Exceptions and Modifications
Section 11.8 Developments of Regional Impact (DRI) The Georgia Planning Act of 1989 authorized the Department of Community Affairs to establish procedures for regional review of development projects that are of sufficient size that they are likely to create impacts beyond the jurisdiction in which the project will be located. The DRI review process involves the host local government, the reviewing Regional Development Center (RDC), and other potentially affected local governments, RDA’s and agencies. Thresholds are used to determine whether a proposed development is a DRI. Because positive and negative impacts of DRI's are not necessarily confined to the host local governments' jurisdictional boundaries, impacts on other jurisdictions need to be assessed. If a development project is submitted to the Madison County Planning and Zoning Commission or the Board of Commissioners for review, then the time deadlines imposed in Article XIV are suspended until the DRI review process is completed.
Section 11.9 Sign Variances 11.9.1
An applicant desiring a sign not in conformance with the requirements of Article X: Signs, after review and recommendation by the Planning and Zoning Commissioner, the Board of Commissioners may grant a sign variance upon finding that all of the following conditions exist: 11.9.1.1
Literal enforcement of these regulations will result in unnecessary hardship to the owner;
11.9.1.2
the plight of the applicant is due to unique circumstances especially affecting the applicant’s parcel, building, or sign but not affecting the general zoning district in which it is located;
11.9.1.3
the sign variance, if granted, is not contrary to the public interest; and
11.9.1.4
the sign variance, if granted, will substantially serve the public convenience and not substantially and permanently injure the appropriate use of the neighboring property.
11.9.2
Public hearing on variances shall be conducted pursuant to Article XIV of this ordinance.
11.9.3
If the variance request is not approved, then the same sign may not be considered for a sign variance for at least six (6) months immediately following the failure to gain approval of the sign variance by the Board of Commissioners.
Section 11.10 Administrative Variances: Administrative Variances. The purpose of this section is to grant authority to the Zoning Administrator to take action on requests for minor modification or adjustment to certain
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requirements of this Ordinance when such requests are for a use of property not permissible under a strict literal interpretation of this Ordinance. 11.10.1 For the purpose of administering this Section, the variance must be consistent with the terms or requirements of this Ordinance and upon a finding that all of the following conditions exist: 11.10.1.1
literal enforcement of these regulations will result in unnecessary hardship to the owner;
11.10.1.2
the plight of the owner is due to unique circumstances especially affecting the owner's parcel or building but not affecting generally the zoning district in which it is located;
11.10.1.3
the variance, if granted, is not contrary to the public interest; and
11.10.1.4
the variance, if granted, will substantially serve the public convenience and not substantially and permanently injure the appropriate use of the neighboring property.
11.10.2 Administrative variance shall not exceed the following adjustments: 11.10.2.1
A decrease of not more than two percent (2%) of the required lot area.
11.10.2.2
A decrease of not more than ten percent (10%) of the required minimum lot width and/or depth.
11.10.2.3
A decrease of not more than twenty percent (20%) of the required width of a side yard or the required building separation.
11.10.2.4
A decrease of not more than twenty percent (20%) of the required front or rear yard.
11.10.2.5
An increase of not more than ten percent (10%) of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys and fireplaces into any required front, rear or side setback.
11.10.2.6
An increase of not more than ten percent (10%) of the permitted height or areas of signs as required under Article X of this Ordinance.
11.10.2.7
An increase of not more than ten percent (10%) in the maximum allowable lot coverage.
11.10.3 The application for an adjustment must contain the applicable information required under Section 6.8 of this Ordinance 11.10.3.1
If the Zoning Administrator denies an application for an Adjustment, the applicant may appeal to the Planning and Zoning Commission as provided for under Section 13.1 of this Ordinance.
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