ZONING VARIANCES
Zoning Ordinance
Zoning Map
Variance Request Form
Conditional Use Request
Annexation Petition
Right-of-Way Encroachment Permit
The Board of Zoning Appeals (City Council) is hereby empowered to authorize upon application in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. The existence of a non-conforming use of neighboring land, buildings or structures in the same zoning district or of permitted or non-conforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application in accordance with Article XVII of the Zoning Code, upon specific findings that all of the following conditions exist. The absence of anyone (1) of the conditions shall be grounds for denial of the application for variance.
Applications for variances in all zoning districts shall require review and recommendation by the Planning and Zoning Commission.
Zoning Map
Variance Request Form
Conditional Use Request
Annexation Petition
Right-of-Way Encroachment Permit
The Board of Zoning Appeals (City Council) is hereby empowered to authorize upon application in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. The existence of a non-conforming use of neighboring land, buildings or structures in the same zoning district or of permitted or non-conforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application in accordance with Article XVII of the Zoning Code, upon specific findings that all of the following conditions exist. The absence of anyone (1) of the conditions shall be grounds for denial of the application for variance.
- There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district; and
- A literal interpretation of the provisions of these zoning regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located; and
- Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located; and
- Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonable affect their value; and
- The special circumstances are not the result of the actions of the applicant; and
- The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure; and
- The variance is not a request to permit a use of land, building or structures which are not permitted by right in the district involved.
Applications for variances in all zoning districts shall require review and recommendation by the Planning and Zoning Commission.
REZONING
The City of Sky Valley may from time to time amend the number, shape, boundary or area of any district, or may amend any regulation pertaining to any district; or may amend any Article or Section of these regulations. The procedure for amending these regulations shall be as provided in this Article and as otherwise provided by law.
Initiation of Zoning Amendments
Notwithstanding any provision to the contrary, procedures for any zoning decision in the City of Sky Valley will be governed by the Zoning Procedures Law of the State of Georgia (O.C.G.A. §36-66-1, et seq.) as the same currently exists or may be amended and said Zoning Procedures Law is hereby adopted by reference.
Withdrawal of Amendment Application
Any petition for any amendment to the zoning regulations, official zoning map, special exception approval, or variance may be withdrawn, at the discretion of the person or agency initiating such a request, at any time prior to final action by the City of Sky Valley upon written notice. Any required application fees shall be refunded to the applicant only if such application
has not been prepared and submitted for advertisement.
Application Requirements
All applications for any amendment to this Zoning Ordinance to specifically include an amendment otherwise defined as a "zoning decision" will be on such forms and contain such information as required by the City of Sky Valley. The City of Sky Valley will establish, from time to time, rules and requirements, to include administrative costs, for amendments and
variances to the zoning ordinance.
Site Plan Requirements
All site plans required by this ordinance shall, at a minimum, contain the following information:
Criteria to Consider for Amendments to the Zoning Ordinance
The applicant, staff, Planning and Zoning Commission and the City of Sky Valley should review an application for zoning amendments with regard to the following criteria:
Criteria to Consider for Special Exception Uses
The applicant, staff, Planning and Zoning Commission and the City of Sky Valley should review applications for special exception uses with regard to the following criteria:
Recommendation by City Manager
The City Manager after consultation with the Building Inspector will, as appropriate, customarily submit to the Planning and Zoning Commission and/or the City of Sky Valley, prior to a scheduled public hearing, copies of the site plan and letter of intent along with a written recommendation for approval, disapproval, deferral, withdrawal or other recommendation. Said
recommendation shall include reasons for said recommendations, considered within the context of the appropriate criteria as specified by these regulations. The recommendations of the City Manager shall have an advisory effect only and shall not be binding on the Planning and Zoning Commission or the City of Sky Valley. Copies of the City Manager's recommendations shall be made available to the applicant and other interested parties upon completion and distribution to
the appropriate bodies and at the public hearing.
Planning and Zoning Commission Recommendation
Prior to the public hearing held by the City of Sky Valley, the Planning and Zoning Commission shall hold a public hearing on all applications for amendment to the text of the zoning regulations, amendments to the official zoning map, special exception permit applications, petitions for alteration or extension of conditional zoning, request for development plan approval for site plan approval, variances, or other actions that may ultimately lead to a zoning decision as defined by O.C.G.A. §36-66-3(4) as the same currently exists or as may be amended.
After completing its studies of the particular petition, the Planning and Zoning Commission shall submit a recommended action in writing to the City of Sky Valley. The Planning and Zoning Commission may submit any additional report it deems appropriate. The recommendations of the Planning and Zoning Commission shall have an advisory effect only and shall not be binding on the City of Sky Valley. Copies of the Planning and Zoning Commission's recommendations and reports shall be made available to the applicant and other interest parties upon completion and distribution to the City of Sky Valley and at the public hearing before the City of Sky Valley.
The Planning and Zoning Commission shall have thirty (30) days within which to submit its recommendations. The City of Sky Valley shall not take action on any of said applications, until it has received the recommendation of the Planning and Zoning Commission within the specified time period. If the Planning and Zoning Commission fails to submit a recommendation within the thirty (30) day period, it shall be deemed to have approved the proposed application.
Conduct of Public Hearings
All public hearings regarding applications considered by the Planning and Zoning Commission and the City of Sky Valley shall be held in accordance with procedures adopted by the City of Sky Valley and the law of Georgia.
Initiation of Zoning Amendments
Notwithstanding any provision to the contrary, procedures for any zoning decision in the City of Sky Valley will be governed by the Zoning Procedures Law of the State of Georgia (O.C.G.A. §36-66-1, et seq.) as the same currently exists or may be amended and said Zoning Procedures Law is hereby adopted by reference.
Withdrawal of Amendment Application
Any petition for any amendment to the zoning regulations, official zoning map, special exception approval, or variance may be withdrawn, at the discretion of the person or agency initiating such a request, at any time prior to final action by the City of Sky Valley upon written notice. Any required application fees shall be refunded to the applicant only if such application
has not been prepared and submitted for advertisement.
Application Requirements
All applications for any amendment to this Zoning Ordinance to specifically include an amendment otherwise defined as a "zoning decision" will be on such forms and contain such information as required by the City of Sky Valley. The City of Sky Valley will establish, from time to time, rules and requirements, to include administrative costs, for amendments and
variances to the zoning ordinance.
Site Plan Requirements
All site plans required by this ordinance shall, at a minimum, contain the following information:
- Title of the proposed development and the name, address and telephone number of the property owner.
- The name, address and telephone number of the architect, engineer or other designer of the proposed development.
- Scale, date, north arrow, and general location map showing relationship of the site to streets or natural landmarks.
- Boundaries of the subject property, all existing and proposed streets, including right-of-way and street pavement widths; structures; water courses; parking and loading areas; driveways; retaining walls; and other physical characteristics of the property and proposed development. Any and all items to be constructed shall be shown on the site plan.
- Building setbacks, buffers, landscape strips, and tree protection zone.
Criteria to Consider for Amendments to the Zoning Ordinance
The applicant, staff, Planning and Zoning Commission and the City of Sky Valley should review an application for zoning amendments with regard to the following criteria:
- The existing land use pattern;
- The possible creation of an isolated district unrelated to adjacent and nearby districts;
- The population density pattern and possible increase or overtaxing of the load on public facilities including utilities and streets;
- The cost of the local government in providing, improving, increasing or maintaining public utilities, streets and public safety measures;
- Impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality and quantity;
- Whether the proposed change will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;
- Whether there are substantial reasons why the property cannot be used in accordance with existing zoning;
- The aesthetic effect of existing and future use of the property as it relates to the surrounding area;
- The extent to which the zoning decision is consistent with the comprehensive plan of the local government;
- Any other factors relevant to the balancing interest in promoting the public health, safety, morality or general welfare against a right to unrestricted use of property.
Criteria to Consider for Special Exception Uses
The applicant, staff, Planning and Zoning Commission and the City of Sky Valley should review applications for special exception uses with regard to the following criteria:
- Off-street parking and loading facilities are adequate in terms of location, amount, and design to serve the use.
- The number, size and type of signs proposed are compatible with the surrounding area.
- The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved.
- Ingress and egress to the property is suitable and safe, and the effect of the proposed activity on traffic flow along adjoining streets is not adverse.
- The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties.
- Hours and manner of operation of the proposed use are not inconsistent with adjacent and nearby uses.
- Public facilities and utilities are capable of adequately serving the proposed use.
- The proposed use will not have a significant adverse effect on the level of property values or the general character of adjacent land uses or the general area.
- The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.
- The proposed use is consistent with the goals and objectives of the Comprehensive Plan of the City of Sky Valley.
Recommendation by City Manager
The City Manager after consultation with the Building Inspector will, as appropriate, customarily submit to the Planning and Zoning Commission and/or the City of Sky Valley, prior to a scheduled public hearing, copies of the site plan and letter of intent along with a written recommendation for approval, disapproval, deferral, withdrawal or other recommendation. Said
recommendation shall include reasons for said recommendations, considered within the context of the appropriate criteria as specified by these regulations. The recommendations of the City Manager shall have an advisory effect only and shall not be binding on the Planning and Zoning Commission or the City of Sky Valley. Copies of the City Manager's recommendations shall be made available to the applicant and other interested parties upon completion and distribution to
the appropriate bodies and at the public hearing.
Planning and Zoning Commission Recommendation
Prior to the public hearing held by the City of Sky Valley, the Planning and Zoning Commission shall hold a public hearing on all applications for amendment to the text of the zoning regulations, amendments to the official zoning map, special exception permit applications, petitions for alteration or extension of conditional zoning, request for development plan approval for site plan approval, variances, or other actions that may ultimately lead to a zoning decision as defined by O.C.G.A. §36-66-3(4) as the same currently exists or as may be amended.
After completing its studies of the particular petition, the Planning and Zoning Commission shall submit a recommended action in writing to the City of Sky Valley. The Planning and Zoning Commission may submit any additional report it deems appropriate. The recommendations of the Planning and Zoning Commission shall have an advisory effect only and shall not be binding on the City of Sky Valley. Copies of the Planning and Zoning Commission's recommendations and reports shall be made available to the applicant and other interest parties upon completion and distribution to the City of Sky Valley and at the public hearing before the City of Sky Valley.
The Planning and Zoning Commission shall have thirty (30) days within which to submit its recommendations. The City of Sky Valley shall not take action on any of said applications, until it has received the recommendation of the Planning and Zoning Commission within the specified time period. If the Planning and Zoning Commission fails to submit a recommendation within the thirty (30) day period, it shall be deemed to have approved the proposed application.
Conduct of Public Hearings
All public hearings regarding applications considered by the Planning and Zoning Commission and the City of Sky Valley shall be held in accordance with procedures adopted by the City of Sky Valley and the law of Georgia.
