Variance Process

A variance relates to the changing of a performance standard such as lot width, front yard setback, and the like. This process does not relate to the use of land or density of development. In fact, the Commission can- not grant a land use or density variance. Variances normally involve isolated situations on parcels which if no relief (variance) is granted, become useless and generally cannot be developed .

The Commission may grant a variance, after a public hearing, provided evidence shows that:

(1) By reason of exceptional narrowness, shallowness, shape, topographical  
     conditions, or other extraordinary situations, or conditions peculiar to a
     specific parcel of property, the strict application of these regulations would 
     result in peculiar or unusual, practical difficulties to, or exceptional or
     undue hardship upon the owner of such property.
(2) Such variance is the minimum reasonably necessary to overcome the
     aforesaid exceptional conditions.
(3) Such variance can be granted without substantial impairment to the
     intent,  purpose, and integrity of the Land Development Resolution and/or
     the Comprehensive Plan or other master plan adopted for the property.
(4) Such variance will not be detrimental to the use and enjoyment of
     adjoining or neighboring properties. These provisions, however, shall not
     permit the Commission to grant any variance to any setback or yard
     requirements for property zoned for commercial or industrial purposes
     when such property abuts or immediately adjoins any property zoned for
     residential purposes unless such residential property is proposed for
     commercial or industrial use on the Comprehensive Land Development Plan

The following information must be provided with the application for a variance:

 (1)  The address of the property.
 
 (2)  Whether the property is in the city or unincorporated area of the county.

 (3)  The owner of the property.

 (4)  The size of the property in acres.

 (5)  Whether public sewer or septic tank will be used.

 (6)  Whether there is a creek, stream or drainage way on the property.

 (7)  Location of the 100-year flood plain if located on the property.

 (8)  The type of variance being requested.

 (9)  Written justification for approval based on allowed reasons for approval.

(10) Site plan and/or drawing necessary to graphically explain situation.

Variance Process

(1) Application submitted no later than 12:00 noon 26 days prior to public
     hearing. Application must be accompanied by site plan.

(2) Zoning Enforcement Officer (ZEO) reviews application to determine if it     
     meets the requirement of the regulations

(3) Public hearing (2nd and 4th Mondays) Commission reviews application
     and either approves, disapproves or defers applications

(4) Commission may approve application as is or approve with conditions. If
     approved with conditions, condition must be completed before permits
     may be issued.

(5) If denied, applicant shall have the right of appeal and the appeal shall be
      by Writ of Certiorari.

NOTE: This document does not purport to replace any regulation or law. For a detailed explanation of the processes discussed in this manual, please refer to the appropriate section of the "Comprehensive Land Development Resolution for the City of Macon and Bibb County, Georgia."