§ 38-24.1. 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:

(1)

Requests for variances from the requirements of this chapter shall be submitted to the planning and zoning department. All such requests shall be heard and decided in accordance with procedures to be published in writing by the City of Riverdale. 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 planning and zoning department shall have the right to appeal such decision to the board of appeals as established by the City of Riverdale in accordance with procedures to be published in writing by the board of appeals. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(3)

Any person or persons jointly or severally aggrieved by any decision of the board of appeals may within 30 days after the filing of the decision in the office of the board, but not thereafter, seek review of such decision by the Superior Court of Clayton County by writ of certiorari.

(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 board of appeals 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:

1.

A finding of good and sufficient cause;

2.

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

3.

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.

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 resulting from the lowest floor elevation being placed below the base flood elevation will be commensurate with the increased risk to life and property, and that such costs may be as high as $25.00 for each $100.00 of insurance coverage provided.

d.

The city manager or designee shall maintain the records of all variance actions, both granted and denied, and report them to the Georgia Department of Natural Resources and 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 director and board of appeals shall deem necessary for the consideration of the request.

(10)

Upon consideration of the factors listed above and the purposes of this chapter, the board of appeals 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. 13-2016 , § 1, 11-14-16)