{"id":2640,"date":"2010-09-15T12:01:21","date_gmt":"2010-09-15T16:01:21","guid":{"rendered":"http:\/\/www.l-a-k-e.org\/blog\/2010\/09\/on-what-basis-does-zboa-decide.html"},"modified":"2010-09-15T12:01:21","modified_gmt":"2010-09-15T16:01:21","slug":"on-what-basis-does-zboa-decide","status":"publish","type":"post","link":"http:\/\/www.l-a-k-e.org\/blog\/2010\/09\/on-what-basis-does-zboa-decide.html","title":{"rendered":"On What Basis Does ZBOA Decide?"},"content":{"rendered":"\n<\/a>\nHow does the Valdosta-Lowndes County Zoning Board of Appeals (ZBOA)\nbase its decisions?\nWell,\n\nits members are appointed by two different local governments,\nof the City of Valdosta and Lowndes County,<\/a> and\neach government provides its own criteria.\nHere they are:\n\n\n

The City of Valdosta’s Review Criteria for the Granting of Variances<\/H3>\n\n<\/a\n>\n
\nPursuant to the City’s Land Development Regulations (LDR),\nthe Zoning Board of Appeals shall not grant a variance unless it has,\nin each case, made specific findings of fact based directly upon the\nparticular evidence presented and supporting written conclusions that the\nvariance meets each of the following criteria:\n<\/blockquote>\n
    \n
  1. \nArises from a condition that is unique and peculiar to the land,\nstructures and buildings involved.\n
  2. \nIs necessary because the particular physical surroundings,\nthe size, shape or topographical condition of the specific property\ninvolved would result in unnecessary hardship for the owner,\nlessee or occupants; as distinguished from a mere inconvenience,\nif the provisions of Title 2 of the LDR are literally enforced.\n
  3. \nThe condition requiring the requested relief is not ordinarily found\nin properties of the same zoning district as the subject property.\n
  4. \nThe condition is created by the regulations of Title 2 of the LDR and not by an action or actions of the property owner or the applicant.\n
  5. \nThe granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety or substantially diminish or impair property values within the neighborhood.\n
  6. \nThe variance granted is the minimum variance that will make possible\nthe reasonable use of the land, building or structures.\n
  7. \nThe requested variance will not be inconsistent with the general spirit\nand intent of Title 2 of the LDR or the purpose and intent of the Comprehensive Plan.\n<\/ol>\n
    \n* It shall be the responsibility of the applicant seeking relief to assume the\nburden of proof and rebut this presumption by presenting sufficient facts\nand evidence to explain how the proposed appeal or variance is consistent\nwith the general spirit and intent of the LDR and the Comprehensive Plan.\nIt ist he duty of the Zoning Board of Appeals to review such facts and\nevidence in light of the intent of the LDR to balance the public health,\nsafety and general welfare against the injury to a specific applicant\nthat would result from the strict application of the provisions of the LDR\non the applicant’s property.\n

    \n** The Zoning Board of Appeals may attach reasonable conditions to a variance\nwhen necessary to prevent or minimize impacts upon property or the environment.\n<\/blockquote>\n

    Lowndes County’s Review Criteria for the Granting of Variances<\/H3>\n\n<\/a>\n
    \nThe ULDC provides that variances may be granted upon a finding by the ZBA\nthat one [of] the following conditions have[sic] been met:\n<\/blockquote>\n
      \n
    1. \nThere are extraordinary and exceptional conditions pertaining to the particular\npiece of property in question because of its size, shape, or topography;\n
    2. \nSuch conditions are peculiar to the particular piece of property involved;\n
    3. \nThe application of this ULDC to this particular piece of property would create an unnecessary hardship;\n
    4. \nRelief, if granted, will not cause substantial detriment to the public good or impair the purposes and intent of this ULDC;\n
    5. \nA literal interpretation of the provisions of this ULDC would deprive the applicant of rights commonly enjoyed by other properties of the zoning district in which the property is located;\n
    6. \nGranting the variance requestged will not confer upon the property of the applicant any special privileges that are denied to other properties of the zoning district in which the applicant’s property is located;\n
    7. \nThe requested variance will be in harmony with the purpose and intent of this ULDC and will not be incompatible with the neighborhood or the general public welfare;\n
    8. \nThe special circumstances are not the result of the applications of the applicant;\n
    9. \nThe variance requested is the minimum variance that will make possible the legal use of the land or structure;\n
    10. \nThe variance is not a request to permit a use of land or structures which are not permitted by right in the zoning district involved;\n
    11. \nThe extension of said nonconforming use will not further injure a permitted use\non the subject property or on an adjacent property;\n
    12. \nThe design, construction, and character of the nonconformance is not suitable for uses permitted in a district in which the nonconformance is situated; and\n
    13. \nThe nonconforming use is similar to the prior nonconforming use.\n<\/ol>\n

      Discussion<\/H3>\n\n<\/a>\nThe two lists of criteria cover much the same territory.\nFor example, the city’s #5 is a more wordy version of the county’s #G plus #D,\nand the city’s #4 is similar to the county’s #F.\n

      \nHowever, there is one big difference: the city requires all<\/em> of theirs to be met\nby the applicant, while the county requires only any one<\/em> of theirs.\n

      \nAnother common feature of both lists of criteria is that neither appears\nto be online in any readily accessible place. Except this blog entry.\n

      \nTo be fair, both governments do provide their relevant codes online:\n