§ 1132. Applications for variances; and criteria to be used by the zoning board of appeals in deciding applications for variances.

(a)

The zoning board of appeals shall hear and decide applications for variances from the strict application of the regulations of the county's zoning ordinance and chapter 21 of the Code of DeKalb County, as Revised 1988, where the strict application of any regulation enacted under said chapters would result in exceptional and undue hardship upon the owner of such property. In determining whether or not to grant a variance, the zoning board of appeals shall apply the criteria specified in this section to the facts of each case. The zoning board of appeals may attach reasonable conditions to any approved variance in accordance with applicable law. Once imposed, conditions shall become an integral part of the approved variance and shall be enforced as such. No changes to an approved condition attached to a variance shall be authorized except by re-application to the zoning board of appeals in full compliance with the applicable provisions of this division. No relief may be granted or action taken under the terms of this division unless such relief can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the county's zoning ordinance and the comprehensive plan. The zoning board of appeals shall apply the following criteria to the types of applications specified below as follows:

(1)

Variances from the provisions or requirements of the county's zoning ordinance other than variances described in section 27-7.5.4 of the county's zoning ordinance shall be authorized only upon making all of the following findings in writing:

a.

By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by reason of exceptional topographic and other site conditions (such as, but not limited to, floodplain, major stand of trees, steep slope), which were not created by the owner or applicant, the strict application of the requirements of the county's zoning ordinance would deprive the property owner of rights and privileges enjoyed by other property owners in the same zoning district.

b.

The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the zoning district in which the subject property is located.

c.

The grant of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located.

d.

The literal interpretation and strict application of the applicable provisions or requirements of the county's zoning ordinance would cause undue and unnecessary hardship.

e.

The requested variance would be consistent with the spirit and purpose of the county's zoning ordinance and the DeKalb County Comprehensive Plan text.

(b)

Fair Housing Act Accommodation Variance. Notwithstanding any other provision of law to the contrary, the zoning board of appeals may grant a variance to the limitations of the county's zoning ordinance that might have a discriminatory impact on a handicapped person, as that term is defined in the Federal Fair Housing Act, including but not limited to sections 27-4.2.41 and 27-4.2.48 of the county's zoning ordinance as well as the terms defined therein. A Fair Housing Act Accommodation Variance shall be issued if the applicant for such a variance shows a documented need for accommodation based on medical or scientific studies, that the requested accommodation is the minimum necessary variance from the restrictions of the Code, that the requested accommodation does not impose an undue burden or expense on the county or its citizens, and that the requested accommodation does not effectively create a fundamental alteration of the existing zoning scheme. An application for a Fair Housing Act Accommodation Variance shall comply with all other procedural requirements for consideration and approval of variances in this division.

( H.N. Ord. of 8-25-2015, Pt. I )