On June 9, 2009, this Administrative Variance Authority was granted to the Planning Director by Decatur County Commissioners.

A variance will be authorized upon appeal, in specific cases such variances from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of hardship upon finding by the Planning Director and/or the Planning Board that:

1. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;
2. The application of the subdivision ordinance to this particular piece of property would create unnecessary hardship;
3. Such conditions are peculiar to the particular piece of property involved;
4. Such conditions are not a result of any action of the property owner;
5. Relief, if granted, would not cause a substantial detriment to the public good or impair the purposes and intent of the Subdivision Ordinance.

The Planning Director may review, approve, or deny some variance requests after confirmation that variance would not adversely impact surrounding property owners and would not impact Decatur County.

Conditions And Limitations: The Planning Director shall include any condition, requirement, or limitation which may be necessary to protect adjacent properties and carry out the provisions of this Ordinance. If at any time after a variance has been issued, the Planning Director or Building Official finds that the conditions imposed and the agreements made have not been or are not being fulfilled by the holder of a variance, the variance shall be terminated.

Procedure: Applications for variance shall be filed with the office of the Planning Director and the office shall have ten (10) working days within which to consider each request. Each application shall be accompanied by a simple sketch of the site, showing the following:

1. General location of existing structures and property lines.
2. Present land use of adjacent property.
3. Existing use of subject property.
4. Location of proposed buildings and land use.
5. A legal description of the property.
6. Setback distances.
7. Parking spaces if available.

Fee: Each application for a variance shall be assessed a fee according to fee schedule posted at the office of the Planning Department to defray administrative and notification costs.