§ 54-7. Variance procedures.

The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development activity or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this chapter. A request for a variance may be submitted by an applicant who has been denied a permit by the city manager or designee or by an owner or developer who has not previously applied for a permit for the reasons stated herein above.

(1)

Requests for variances from the requirements of this chapter shall be submitted to the city manager or designee. All such requests shall be heard and decided in accordance with procedures to be published in writing by the city manager or designee. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(2)

Any person adversely affected by any decision of the city manager or designee shall have the right to appeal such decision to the city council as established by the City of Fayetteville in accordance with procedures to be published in writing by the city council. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(3)

Any person aggrieved by the decision of the city council may appeal such decision to the appropriate court as provided in O.C.G.A. § 5-4-1.

(4)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance issued shall be the minimum necessary to preserve the historic character and design of the structure.

(5)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(6)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(7)

In reviewing such requests, the city manager or designee and city council shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this chapter.

(8)

Conditions for variances:

(a)

A variance shall be issued only when there is:

(i)

A finding of good and sufficient cause;

(ii)

A determination that failure to grant the variance would result in exceptional hardship; and,

(iii)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or the creation of a nuisance.

(b)

The provisions of this chapter are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of a historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(c)

Any person to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

(d)

The (administrator) shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(9)

Any person requesting a variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the city manager or designee and city council shall deem necessary to the consideration of the request.

(10)

Upon consideration of the factors listed above and the purposes of this chapter, the city manager or designee and the city council may attach such conditions to the granting of variances as they deem necessary or appropriate, consistent with the purposes of this chapter.

(11)

Variances shall not be issued "after the fact."

(Ord. No. 0-9-08, art. II, 4-3-08)