Forsyth County › Unified Development Code
Chapter 8 — Zoning and Application Procedures, Article 6 — VARIANCES
§ 8-6.1
Purpose and Intent.
It is the intent of this article to specify provisions for the filing and consideration of applications for variances.
§ 8-6.2
When Required.
A variance, as defined by this Code, shall only be granted for those requirements of this Code described herein or expressly authorized elsewhere in this Code; however, variances shall not be granted for the purpose of permitting a use which is not permitted in the zoning district in which the subject property is located.
Requirements of this Code that may be varied are as follows:
(A)Performance standards specified for any of the various zoning districts, including buffer requirements and setbacks and any land development regulations specified for any of the various zoning districts, but specifically excluding minimum lot size or maximum density requirements. The Board of Commissioners, however, may grant a lot size variance if in addition to the criteria found in 8-6.4(C)(4)(a), the Board of Commissioners’ determines: the variance does not exceed ten percent (10%) of the total lot size required for a given zoning district, except if the parcel is contiguous to property owned by the US Army Corps of Engineers, in which case the variance may not exceed twenty-five percent (25%) of the total lot size. In all cases, a lot size variance under this provision may only be granted for one (1) lot in a platted subdivision.
(B)The dimensional and numerical requirements of Chapter Ten, “General Provisions, and Nonconforming Situations.”
(C)The dimensional and numerical requirements of Chapter Sixteen, “Supplementary Regulations for Specific Uses.”
(D)The dimensional and numerical requirements of Chapter Seventeen, “Parking and Loading Regulations.”
(E)The dimensional and numerical requirements of Chapter Eighteen, “Subdivisions and Land Development.”
(F)The dimensional and numerical requirements of Chapter Nineteen, “Conservation Subdivisions.”
(G)The requirements of Chapter Twenty (B), “Specialty Districts.”
(H)The dimensional and numerical requirements established in Chapter Twenty-One, “Overlay Districts,”
but specifically excluding the variance of any provisions regarding permitted or prohibited uses.
(I)The Board of Commissioners may grant a variance for standard dust free pavements as referenced in 17-5.3.
§ 8-6.3
Application Requirements.
All applications for variances, as defined by this Code shall provide the information as specified in this section.
(A)Requirements for All Applications. All applications for variances shall provide the appropriate information as specified in sections 8-2.1 (A) through (G) of this Chapter. When more than one variance is simultaneously requested, the applicant shall pay a separate variance application fee for each article of this Code that is requested to be varied, but the applicant may file a multiple variance request as one consolidated application for Board consideration so long as each variance requested is individually justified according to the criteria for granting variances as specified in this article.
(1)Site Plan. All site plans submitted for variances shall be submitted in conformance with 8-2.1(E).
For variance applications, the site plan shall clearly delineate and label the requested variance(s).
Applications for variances that involve proposed modifications to a site plan that was already approved by one of the three boards in conformance with the Chapter, shall only include changes to the new site plan that directly relate to the variance being requested and shall not include any new site plan details which are not related to the variance being requested. Depending on the scope of changes, the director may require the applicant to also submit a sketch plat application.
(B)Written Evaluation. The applicant for a variance shall submit documentation justifying the variance and explaining why it should be granted. The justification must specifically address, for each variance requested, the criteria for granting variances as specified in this article.
§ 8-6.4
Procedures.
Applications for variances shall comply with the following procedures.
(A)Application for Administrative Approval.
(1)Applicants may submit a variance application to the department for administrative approval by the director if the requested variance complies with the limitations set forth in subsection (A)(3), below.
All other variance requests shall be reviewed by the appropriate board or council.
(2)Variances submitted for administrative approval are exempt from the requirements set forth in Sections 8-6.4(B) and 8-6.4(C). Notwithstanding the foregoing sentence, the director shall apply the considerations set for in Section 8-6.4(C)(4)(a) when considering administrative approval of a variance.
(3)No variance shall be approved administratively by the director unless the requested variance does not vary the standard otherwise set forth in this Code by more than the limits outlined below and only for the performance standards listed.
(a)The requested variance may not exceed fifteen percent (15%) for the following:
(i)Maximum building height.
(ii)Building setbacks, except as noted below.
(iii)Building separation.
(iv)The following buffers:
a)Georgia Highway 400.
b)Large scale retail.
c)Side and rear.
(b)For residential developments twenty-five (25) acres and greater in circumstances where the protection of tree groupings, as required by the Forsyth County Tree Protection and Replacement Ordinance, constitutes an extraordinary hardship for a portion of the lot layout design, the following shall apply with respect to lots suffering such hardship:
(i)Building setback variance may not exceed twenty percent (20%).
(ii)Lot width variance may not exceed fifteen percent (15%).
(iii)Lot coverage variance may not exceed fifteen percent (15%).
(c)When a pole-mounted light meeting the height requirements of this Code or any zoning condition placed upon a property, cannot be provided by an electric utility company, the height of a pole-mounted light may be administratively varied to the shortest height available.
(A.1) Review of Administrative Variance Approval. Any variance decision under section 8-6.4(A) may be appealed in accord with the procedures of Article VII.
(B)Application for Board Consideration. Applicants shall submit to the department an Application for Board consideration when the criteria exceed those processed under administrative review. The submittal shall be in conformance with the provisions set forth in Article II and this article. All applications determined complete by the department shall be subject to the following restrictions:
(1)Applicant Changes. No changes shall be allowed to any Application for Board consideration once it determined complete by the department.
(2)Public Hearing Sign. The applicant shall be required to place the Public Hearing Sign(s) on the subject property in accordance with section 8-3.3(C). The applicant shall be required to obtain the sign from the department in accordance with department procedures.
(3)Scheduling of Public Hearing. The department shall both advertise and schedule the application for a Public Hearing in accordance to the provisions in Article III of this Chapter.
(4)Staff Report. County staff shall review each Application for Board consideration in its entirety, compile a Staff Report, and submit all necessary information to Zoning Board of Appeals or the Board of Commissioners with sufficient time for board review prior to the Public Hearing.
(C)Public Hearing. Variance applications for board consideration shall receive a public hearing in accordance with the provisions as set forth in Article III of this Chapter. Variance public hearings constituting a zoning decision shall be noticed consistent with section 8-3.3(B) and (C). Variance public hearings constituting quasi-judicial decisions shall be noticed consistent with section 8-3.3(B.1), (C.1) and (D).
(1)Applicant Initiated Postponement. The applicant for a variance may request postponement of any public hearing for the application, and such postponement may be granted by the county, provided:
(a)Postponement is not requested more than three (3) times for any one application; and
(b)The total period of time requested for postponement does not exceed six (6) months; and
(c)The applicant agrees to pay for the costs of readvertising the application for public hearing and agrees to post public notice signs on the property.
(2)Zoning Board of Appeals Initiated Postponement. The Zoning Board of Appeals ability to postpone applications shall be limited to situations in which the postponement will allow the respective board to obtain additional information from the applicant or allow the applicant and any opposition to negotiate.
(3)Board of Commissioners Initiated Postponement. Shall follow the rules and procedures adopted by the Board of Commissioners.
(4)Zoning Board of Appeals or Board of Commissioners Action on Variances. Following the completion of the public hearing on a variance request, the Zoning Board of Appeals or Board of Commissioners shall take action in accordance with Article III of this Chapter.
(a)General Considerations for Decision. The Zoning Board of Appeals or Board of Commissioners as the case may be shall make a decision on each variance based upon consideration of the following:
(i)The variance shall not have the effect of negating any of the various purposes and intentions of this Code;
(ii)The variance if granted will not be detrimental to the public safety, health, or welfare of the public or injurious to other property;
(iii)The conditions on which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
(iv)Because of the particular physical surroundings, shape, size, or topographical conditions of the specific property involved, an extraordinary hardship would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;
(v)The variance requested is the minimum necessary to accomplish the development or building; and
(vi)In the case of an amendment to a buffer or setback required by this Code, including those specified in Chapter Twenty-One, the variance application shows how equal or greater protection will be achieved of the adjacent property or natural resource affected by the proposed development, should the variance be granted.
(D)Decision. Administrative review, Zoning Board of Appeals, Planning Commissioner or Board of Commissioner approval of a variance application shall be valid in perpetuity, except that if a variance was approved as a part of, and simultaneous to, a rezoning or conditional use permit approval, then the variance may be terminated upon (1) a change of zoning, (2) upon a change of zoning conditions negating the basis for the variance, or, (3) upon a determination by the Department that the property is being used in a manner different than the use authorized by the conditional use permit, following a duly noticed public hearing in accord with section 8-3.3(B) and (C).
(E)Application for Land Disturbance Permit or Building Permit. Applicants for variances approved by the director, the Zoning Board of Appeals, the Planning Commission when the request is associated with a home occupation permit or mobile vending application necessitating board approval, or the Board of Commissioners are eligible to continue with the development process by applying for the appropriate land disturbance permit or building permit; provided however, that all subsequent submittals are in conformance with the approved variance decision, all requirements identified in this Code, and other county, state, and federal requirements, as applicable.
ARTICLE VII, APPEALS OF ADMINISTRATIVE DECISIONS: