Sugar Hill › Zoning Ordinance

Article 15 — Variances and Appeals

current as of 2026-01-21verified current · checked 2026-08-24Officialofficial source ↗5 sections · full chapter

§ 1501

Power to Hear Appeals and Grant Variances

The Council shall have the following powers:

1.To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the City Manager in the enforcement of this Zoning Ordinance or the Construction/Building and Technical Codes adopted by the City Council.

2.To hear and decide requests for Special Exceptions of the Zoning Ordinance.

3.To authorize, upon appeal in specific cases, such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the Zoning Ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured and substantial justice done. Such variances may be granted in such individual cases of unnecessary hardship upon a finding by the Council that:

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

b.The application of the Ordinance to this particular piece of property would create an unnecessary hardship, or

c.Such conditions are peculiar to the particular piece of property involved;

d.Such conditions are not the result of any actions of the property owner, and

e.Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this Ordinance.

No variance may be granted for a condition of zoning required by the City Council in approving a rezoning application; a use of land or building or structure that is prohibited by this Ordinance; or to permit a use which would result in a greater intensity of development on a property than would otherwise be allowed if no variance were involved.

4.In exercising the above powers, the Council may, in conformity with the provision of this Ordinance, reverse decisions or determinations from which the appeal is taken and, to that end, shall have all the powers of the City Manager from whom the appeal is taken and may issue or revoke or direct the issuance or revocation of a Building or other permit.

§ 1502

Appeals

Appeals to the Council may be taken by any person aggrieved or by any official of the City affected by any decision of the City Manager. Such appeal shall be taken within fifteen days after the decision appealed from by filing with the City Manager and with the City Clerk a Notice of Appeal specifying the grounds thereof. The City Manager shall forthwith transmit to the City Council all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the City Manager certifies to the City Council that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by Order of the Councilor by a restraining order granted by a court of record on application and notice to the City Manager for good cause shown.

§ 1503

Required Public Hearings

Before the Council acts upon an application for a Variance or a Special Exception, it shall hold a public hearing thereon. The notice of the time and place of such hearing shall be published at least 15 days prior to the hearing in the official organ of the City. At the hearing any party may appear in person or by agent or attorney.

In addition, the City shall erect in a conspicuous place on the property involved a sign which shall contain information as to the Variance or Special Exception applied for and the time and place of hearing. Failure to erect and maintain the sign as specified above shall not invalidate the subsequent determination provided the required notice has been published.

§ 1504

Reapplication

If an application for a Special Exception or Variance is denied by the Council, a reapplication for such Special Exception or Variance may not be made earlier than 12 months from the date of the original application, except as provided in Section 1701.

§ 1505

Appeals from Decisions

Any person or persons severally or jointly aggrieved by any decision of the Council under the powers granted in this Article may present an Appeal to the Superior Court. Such an Appeal to the Superior Court shall be By Writ of Certiorari as specified in the official Code of Georgia except, however, that the Appeal shall be filed within thirty (30) days from the date of the decision of the Council. Upon failure to file the appeal within thirty (30) days, the decision of the City Council shall be final.

ARTICLE 16.

LEGAL STATUS PROVISIONS