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 Clarkston
 Code of Ordinances
 Appendix A. ZONING
 Article III. ADMINISTRATION

  § 307. Variance procedures.  

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  • The mayor and city council may authorize upon proper application in specific cases, variance from the terms of this zoning ordinance. Applications should be submitted and reviewed by the designated city planner for technical review and recommendation in the form of a written staff report. The staff report shall be forwarded to the planning and zoning board for their consideration. In the absence of a designated city planner, once reviewed for completion by the public works director, applications shall be forwarded directly to the planning and zoning board, which shall review the application and conduct a public hearing in accordance with section 304(b) of this appendix.

    (a)

    Before the mayor and city council act upon an application for a variance, they shall hold a public hearing thereon. The notice of the time and place of such hearing shall be published at least fifteen (15) days prior to the hearing in the inspector legal organ of the city or in the inspector legal organ of DeKalb County. At the hearing any party may appear in person or by agent or attorney.

    (b)

    In addition, city staff shall erect, at least fifteen (15) days prior to the hearing, in a conspicuous place on the property involved, a sign which shall contain: information as to the variance applied for and the time and place of hearing. However, failure to erect and maintain the sign as specified above shall not invalidate the subsequent determination of the mayor and city council.

    (c)

    Mayor and city council decision.

    (1)

    The mayor and city council shall make a "variance decision" for each application. For purposes of this article the term "variance decision" means final action by the mayor and city council which results in a variance approval, approval with conditions, or a variance denial.

    (2)

    The "variance decision" shall be made based upon an evaluation of the variance criteria provided in section 308 of this article.

    (3)

    Said final action shall be made no later than sixty (60) days following filing of a complete application, unless extended by agreement of the applicant.

    (4)

    The mayor and city council may require accompanying written requirements as part of a "variance decision," thereby approving the variance as "conditional."

    (5)

    An application may be withdrawn by the applicant prior to the "variance decision."

    (6)

    Appeals of a "variance decision" of the mayor and city council by an aggrieved party shall be available by writ of certiorari to the DeKalb County superior court.

(Ord. No. 375, § 3(Attach.), 10-1-13)