§ 58-53. Variance and appeal 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 article. A request for a variance may be submitted by an applicant who has been denied a permit by the Cobb County Community Development Department, or by an owner or developer who has not previously applied for a permit for the reasons stated herein above.

(a)

Requests for variances from the requirements of this article shall be submitted to the Cobb County Community Development Department. All such requests shall be heard and decided in accordance with procedures to be published in writing by the Cobb County Community Development Department. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

(b)

Any person adversely affected by any decision of the Cobb County Community Development Department or by the Cobb County Water System's Stormwater Management Division shall have the right to appeal such decision to the board of zoning and appeals as established by Cobb County in accordance with procedures to be published in writing by the board of zoning and appeals. At a minimum such procedures shall include notice to all affected parties and the opportunity to be heard.

(c)

Any person aggrieved by the decision of the board of zoning and appeals may appeal such decision to the Superior Court of Cobb County, as provided in O.C.G.A. § 5-4-1.

(d)

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.

(e)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of the 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.

(f)

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

(g)

In reviewing such requests, the Cobb County Community Development Department, the Cobb County Water System's Stormwater Management Division, and the board of zoning and appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article. Relevant factors may include but are not necessarily limited to:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

(6)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(8)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(9)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(h)

Conditions for variance.

(1)

A variance shall be issued only when there is:

a.

A finding of good and sufficient cause;

b.

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

c.

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.

(2)

The provisions of this article are minimum standards for flood loss reductions; 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.

(3)

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.

(4)

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

(i)

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 Cobb County Community Development Department and the board of zoning and appeals shall deem necessary to the consideration of the request.

(j)

Upon consideration of the factors listed above and the purposes of this article, the Cobb County Community Development Department and the board of zoning and appeals may attach such conditions to the granting to variances as they deem necessary or appropriate, consistent with the purposes of this article.

(k)

Variances shall not be issued "after the fact".

(Ord. of 10-11-88, art. IX; Code 1977, § 3-14-30; Ord. of 2-27-07)