Gainesville › Unified Land Development Code

Article 18 — Applications and Procedures, Chapter 18-6 — VARIANCES

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗14 sections · full chapter

§ 18-6-1

Generally

Persons may seek relief from compliance with the zoning-related requirements of this ULDC when the strict application would create a particular and unique hardship based on the criteria established in Section 18-6-11 by filing an application for variance with the Community and Economic Development Department for consideration by the Planning and Appeals Board in accordance with this chapter. Such relief may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience to the applicant nor to gain any advantage or interest over similarly zoned properties.

§ 18-6-2

Initiation

(a)An application for a zoning variance for any property or properties in the city may be initiated by the Governing Body, owner of the property, or some other person(s) given authorization by property owner to file said application.

(b)Any applicant wishing to apply for a zoning variance request must schedule an appointment with the Community and Economic Development Department to review the application for completeness. No such application shall be accepted for processing by the Director unless it meets the requirements of this section.

Incomplete or improper applications will be returned to the applicant. The Director is hereby authorized to establish administrative deadlines for the receipt of applications.

§ 18-6-3

Waiting Period for Reapplication

If denied, a variance request affecting the same property shall not be reconsidered for a period of 12 months from the date of denial; provided, however, that the Planning and Appeals Board may reduce the waiting period under extenuating circumstances or on its own motion. A request to reduce the waiting period must be asked for and acted upon by the Planning and Appeals Board during the public hearing at which the request was first considered.

§ 18-6-4

Requirements for Submittal

Applications for zoning variance shall include the following:

(a)Application form. A completed original application. All applications shall be submitted to the Community and Economic Development Department on the department's application forms.

(b)Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the Governing Body. A fee shall not be charged if the Governing Body initiates the application.

(c)Plat or boundary survey. A to-scale plat or boundary survey of the property or properties involved in the application, submitted in a PDF format or other format accepted by the city.

(d)Statement of hardship. Form with various questions to be answered by an applicant in a manner describing how each situation applies to the application. The applicant may complete the questions on the form provided with the application, or the applicant can type the answers on a separate sheet of paper as part of the written narrative, identifying each component as such.

(e)Written narrative. A written narrative indicating, at a minimum, the following:

(1)The purpose of the request, proposed use, economic and environmental impacts as well as overlay zones or protection areas in which the property is located, such as the North Oconee Water Supply Watershed Protection Overlay Zone.

(2)A full description of the concept plan and must include the proposed use, setbacks, right-of- way widths, building heights, signage, the maintenance and ownership of any streets or roads, and plans for the maintenance of any stormwater facilities.

(f)Architectural renderings. Architectural renderings for any proposed new construction or exterior alterations of the existing structure(s), including at a minimum:

(1)Roof pitch;

(2)Materials to be used on exterior;

(3)Basic landscaping proposed; and

(4)Building elevations.

(g)Concept plan. An application for a zoning variance approval related to a residential subdivision, multi-family, or non-residential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the site or development design standards of this Code. An as-built survey indicating the most current development conditions must be submitted with those applications regarding existing developments that are not to be altered. The concept plan shall meet the requirements of Section 9-18-6-5.

(h)The director may request information in addition to that specified in this section when considered necessary for review of the application by the Governing Body or Planning and Appeals Board.

§ 18-6-5

Specifications for Concept Plans

Applications for a variance shall include a concept plan submitted in electronic format and drawn to scale on a boundary survey of the tract by a state-licensed architect, engineer, landscape architect, or land surveyor. The concept plan shall at minimum include the information specified in this section.

(a)Name, address and telephone number of the property owner.

(b)Name, address and telephone number of the applicant.

(c)Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

(d)Proposed use of the property.

(e)Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

(f)Location map of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location maps must be drawn at a scale sufficient to show clearly the information required, but not less than one inch equal to two thousand (2,000) feet. U.S. Geological Survey maps may be used as a reference guide.

(g)Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

(h)Natural features within the property, including drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings. On all water courses entering or leaving the property, the direction of flow shall be indicated.

The 100-year flood plain, if any, shall be outlined.

(i)Man-made features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utilities, existing buildings to remain, and other features as appropriate to the nature of the request.

(j)The proposed project layout including:

(1)For residential development projects, approximate lot lines and street right-of-way lines, along with the building setback lines.

(2)For multi-family and non-residential development projects, the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, and driveways.

(k)The proposed phasing of the development if it is proposed to be built in sections.

(l)A statement as to the source of domestic water supply.

(m)A statement as to the provision for sanitary sewage disposal.

(n)A statement as to the provision for solid waste disposal.

(o)A statement as to the practicability of runoff reduction and feasibility of site and size of aboveground and/or belowground stormwater BMPs with respect to desired zoning density.

(p)The approximate location and surface area of proposed stormwater facilities.

(q)Such additional information as may be useful to permit an understanding of the proposed use and development of the property.

§ 18-6-6

Notice of Public Hearing in Newspaper

Before the Planning and Appeals Board may take final action on a proposed variance application, the Planning and Appeals Board shall hold a public hearing on the proposal. At least 15 days but not more than 45 days prior to the public hearing before the Planning and Appeals Board, notice shall be published in a newspaper of general circulation within the city.

The published notice shall be prepared by the Community and Economic Development Department and shall include the location of the property, the present zoning classification of the property, the variance requested, and the date, time, and place of the public hearing before the Planning and Appeals Board.

§ 18-6-7

Notice of Public Hearing by Sign on Property

At least 15 days but not more than 45 days prior to the public hearing, the city shall post a sign or signs stating the date, time and place of the public hearing before the Planning and Appeals Board, the present zoning classification and the proposed variance. One such sign shall be placed in a conspicuous location along each street frontage of the property for which the variance has been requested. For properties with street frontage greater than 600 feet in length, one such sign shall be placed for each 600 feet of street frontage or portion thereof. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property.

§ 18-6-8

Notice to Adjacent Property Owners

At least 10 days prior to the Planning and Appeals Board public hearing, the City shall cause a notice to be mailed to all persons owning property located abutting or across any street from the property that is the subject matter of the variance application. The written notice shall be mailed to the property owners as such names and addresses appear on the county's ad valorem tax records. The notice shall state the date, time, place and purpose of the hearing by the Planning and Appeals Board.

§ 18-6-9

Investigations and Staff Recommendation

(a)Within a reasonable period of time after acceptance of a complete application, the director may but shall not be required to send the application or notice thereof out for review by internal municipal departments and external agencies as may be appropriate. Any written comments received in a timely manner as a result of such review shall be submitted for consideration to the Planning and Appeals Board and Governing Body or summarized in a memorandum. Any such comments shall become public records.

(b)The Director may but shall not be required to investigate and make a recommendation regarding the variance application. Any such investigation and recommendation if in writing be made available to the applicant and Planning and Appeals Board prior to its public hearing and shall become public records. Copies of the Director's findings and recommendations, if provided, shall be available no later than the time of the Planning and Appeals Board 's public hearing on the matter.

§ 18-6-10

Planning and Appeals Board Hearing and Action

(a)The Planning and Appeals Board shall convene a public hearing on the variance application as provided in the public notice. The public hearing shall follow policies and procedures which govern calling and conducting public hearings established in Chapter 18-9. The Planning and Appeals Board shall have 65 calendar days from the date of its public hearing within which to take final action on the variance application.

(b)In rendering a decision on a variance application, the Planning and Appeals Board shall consider all information supplied by the applicant, the Director, and any information presented at the public hearing of the Planning and Appeals Board. After conducting a public hearing, in taking action on an application, the Planning and Appeals Board may:

(1)Approve the application as submitted.

(2)Approve the application with conditions.

(3)Deny the proposal.

(4)Table the proposal for consideration at a future meeting, provided it acts within its allotted 65-day review period.

(c)The action of the Planning and Appeals Board on the variance application shall be final. Any person adversely affected by any determination made by the Planning and Appeals Board relative to the approval or denial of a variance application may appeal such determination to the Governing Body.

§ 18-6-11

Criteria to Consider for Variance Applications

The Planning and Appeals Board shall consider the following standards in considering any variance application, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

(a)There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(b)The application of this Code to this particular piece of property would create an unnecessary hardship; and

(c)There are conditions that are peculiar to the property which adversely affect its reasonable use or usability as currently zoned.

(d)Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this Code.

(e)There must be a proved hardship by showing beyond a doubt the inability to make a reasonable use of the land if the zoning ordinance were applied literally.

(f)The hardship cannot be self-created; e.g., as in a case where the lot was purchased with the knowledge of an existing restriction.

§ 18-6-12

Withdrawal of Application

(a)A variance application may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Director, until the public hearing by the Planning and Appeals Board is closed.

(b)If the applicant withdraws the application prior to the publication of notice for public hearing before the Planning and Appeals Board, the application shall be withdrawn administratively by the Director without restriction on the refiling of a proposed variance on the property in the future.

(c)If the applicant withdraws the application after notice has been published or is irretrievably set for publication but the application has not been heard by the Planning and Appeals Board, the application shall be withdrawn administratively by the Director and an application for variance on the property may not be resubmitted for 6 months from the date of withdrawal.

(d)If the request for withdrawal is made at the Planning and Appeals Board public hearing on the case, the request may be approved by a majority vote of the board, but an application for a variance on the property may not be resubmitted for 12 months from the date of withdrawal. However, the Planning and Appeals Board may reduce the waiting period under extenuating circumstances or on its own motion. A request to reduce the waiting period must be asked for and acted upon by the Planning and Appeals Board during the public hearing at which the request was first considered.

§ 18-6-13

Provisions That Cannot be Varied

In no case shall a variance be granted for any of the following:

(a)A condition created by the applicant, including the result of an unwise investment decision or real estate transaction.

(b)A change in the conditions of approval imposed through a rezoning application approved by the Governing Body.

(c)Reduction of a minimum lot size required by a zoning district.

(d)Use of land or buildings or structures that is not permitted by the zoning district that is applicable to the property.

(e)Any increase in the number of dwelling units or nonresidential building floor area otherwise permitted by the zoning district that is applicable to the property.

§ 18-6-14

Duration of Validity

Approval of a zoning variance on a property located within the city shall be in full force and effect upon its approval by the Planning and Appeals Board and shall be effective for a period of 12 months. If no action is taken by the applicant to implement the purpose of the application within 12 months from the date of approval, said approval shall become null and void unless an extension is granted by the Director with good cause. A zoning variance shall be specific to the request made by the current applicant.