A board of zoning appeals is hereby established. Said board shall consist of three members appointed by the city council for overlapping terms of three years. Initial appointment shall be as follows: one member for one year, one member for two years, and one member for three years. Each successive appointment shall be for three years.

Any vacancy in the membership of the board of appeals shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the city council upon written charges and after public hearing. Members shall serve without pay but may be reimbursed for any expense incurred while representing the board. None of the members shall hold any other public office or position in the municipality.

The board of appeals is authorized to issue a zoning clearance letter, as needed, to the building inspector of Polk County, Georgia, or any other regulatory agency. This letter will confirm the zoning classification of the subject property. A copy of such clearance letter will be filed with the city clerk.

(Ord. No. 553, § 2, 8-16-2001)

The board of appeals shall elect a chairman and vice-chairman from its members who shall serve for one year or until reelected or until their successors are elected. The board shall appoint a secretary, who may be a municipal officer or an employee of the city. The board shall adopt rules and bylaws in accordance with the provisions of this ordinance [appendix] and of the Zoning Procedures Law (House Bill #51), January 1, 1986, of the State of Georgia.

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses by subpoena.

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

All meetings of the board of appeals shall be open to the public.

The board of appeals shall have the following powers and duties:

11.3.1

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building inspector in the enforcement of this ordinance [appendix];

11.3.2

Variances. To authorize upon appeal in specific cases such variance from the terms of the ordinance [appendix] as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of the ordinance [appendix] will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance [appendix] shall be observed, public safety and welfare secured, and substantial justice done. (The existence of a nonconforming use of neighboring land, buildings, or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance.) Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of appeals that all of the following conditions exist:

(A)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(B)

The application of this ordinance [appendix] to this particular piece of property would create an unnecessary hardship;

(C)

Such conditions are peculiar to the particular piece of property involved;

(D)

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance [appendix], provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance [appendix].

Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Aragon affected by any decision of the building inspector. Such appeal shall be taken within 60 days, by filing with the building inspector and with the board of appeals a written notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

The board of appeals shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give at least 15 days' public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon a hearing, any party may appear in person, or by agent or by attorney.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board of appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the building inspector, and on due cause shown.

In exercising its powers, the board of appeals may, in conformity with the provisions of this ordinance [appendix], reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the building inspector and may issue or direct the issuance of a building permit.

The concurring vote of two members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required, to pass under this ordinance [appendix] or to affect any variation of this ordinance [appendix].

On all appeals, applications and other matters brought before the board of appeals, said board shall inform, in writing, all the parties involved of its decisions and the reasons therefor. Recourse from a decision by the board of appeals shall be to the city council.

(Ord. No. 553, § 3, 8-16-2001)