§ 66-128. Variance procedure.

(a)

Upon application from the developer of a proposed residential, industrial or commercial structure which is required to be connected to sewer, a variance may be granted from the terms and conditions of this division.

(b)

The application for a variance shall be submitted to the county public works department showing the need for a variance.

(c)

A variance may be granted only upon a showing of hardship to the applicant, necessity, or other just cause, as determined by the applicable county agency hearing the request.

(d)

The variance application shall be heard by the county development waiver review committee.

(e)

The county development waiver review committee shall be authorized to grant or deny the application for a variance.

(f)

Any grant of a variance may be conditioned upon such terms and conditions as the county development waiver review committee may deem sufficient, including, but not limited to, a requirement that the applicant dedicate a portion of property for a sewer easement to Paulding County or construct a dry sewer along a portion designated as sewer easement for the future use of Paulding County, or both.

(g)

Either the applicant for a variance or the director of water systems who is dissatisfied with a decision of the county development waiver review committee are authorized to appeal the same to the county water and sewer advisory board.

(h)

The appeal must be in writing and provided to the county water and sewer advisory board within 30 days of the date of the decision of the county development waiver review committee.

(i)

The county water and sewer advisory board is authorized to grant or deny the appeal and is further authorized to grant or deny the variance or modify any conditions to the variance upon a majority vote of a quorum present.

(j)

Either the applicant for a variance or the director of water systems who is dissatisfied with a decision of the county water and sewer advisory board are authorized to appeal the same to the county board of commissioners.

(k)

The appeal must be in writing and provided to the county board of commissioners within 30 days of the date of the decision of the county water and sewer advisory board.

(l)

The county board of commissioners is authorized to grant or deny the appeal and is further authorized to grant or deny the variance or modify any conditions to the variance upon a majority vote of a quorum present.

(Res. No. 00-25, § V(c), 9-12-2000; Res. No. 05-10, § 3, 4-12-2005; Res. No. 07-08, § 1, 2-27-2007)