§ 423. Variances.

(a)

Authority to apply. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this division, may apply to the board of adjustment for a variance from such regulations (see article 14 of this UDC).

(b)

Application. The application for variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

(c)

Review. No application for variance to the requirements of this division may be considered by the board of adjustment unless a copy of the application has been furnished to the fixed based operator for advice as to the aeronautical effects of the variance. If the fixed base operator does not respond to the application within 15 days after receipt, the board of adjustment may act on its own to grant or deny said application.

(d)

Criteria for approval. A variance shall be allowed where it is duly found that a literal application of enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this division.

(e)

Conditions on variances. The board of adjustment is authorized to condition the approval of a variance to require the owner of the structure or tree in question, whether at public or his/her own expense, to install, operate and maintain such markers and lights as may be deemed necessary by the board, acting with the advice and recommendation of the Federal Aviation Administration (FAA), Georgia Department of Transportation, or the airport manager.

(Ord. No. 17-003 , § 1, 10-2-2017)