§ 105-8. Appeals and variances authorized.

(a)

Any person aggrieved by any decision of the director of planning and zoning or other official with authority to administer or interpret this code may be taken to the zoning board of appeals for the City of Dawsonville. Such appeals shall be filed with the zoning board of appeal within ten business days of the date of the decision appealed. Unless inconsistent with the procedures outlined by this chapter, such appeals will follow the requirements and procedures defined in the Zoning Ordinance of the city. Where the denial of any sign permit is appealed, it shall be set down for consideration at the next meeting of the zoning board of appeals. A final determination shall be issued by the appellate body within 60 days from the date that the appeal is formally filed in writing by the sign applicant. Appeal from the decision of the zoning board of appeals shall be filed with the Superior Court of Dawson County.

(b)

Variances to the performance standards delineated in this chapter may be granted by the mayor and council of the city if sought by the applicant for a sign needing such a variance. Variances must be requested on forms provided by the department of planning and zoning, and are subject to such additional fees as may be set by the mayor and council of the city from time to time. Variances will be considered by the mayor and council along with the permitting procedures discussed in section 105-7.

(1)

A variance may be granted in an individual case of extreme and unusual hardship upon a finding by the city council that the following conditions exist:

a.

There exist extraordinary and exceptional conditions pertaining to the property in question resulting from its size, shape, or topography which are not applicable to other lands or structures in the area.

b.

The failure of the city council to allow a variance would deprive the applicant of a right currently enjoyed by other similar properties in the city.

c.

Granting the variance request will not confer upon the property of the applicant significant privileges which are denied to other similar properties in the city.

d.

The requested variance will be in harmony with the purpose and intent of this article and will not be injurious to the neighborhood or to the general welfare.

e.

The variance is not a request to permit a type of sign which otherwise is not permitted in the zoning districts involved.

(2)

Variances will only be permitted to add, at maximum, ten feet to the height of a sign.

(c)

The variance application fee shall be $300.00 or such other amount as may be determined by the mayor and council by resolution.

(Ord. of 10-4-2010, Art. II, § 8; Ord. of 9-8-2014)