A zoning board of appeals is created.

(Ord. 265A (part), 2001)

The zoning board of appeals shall consist of five members residing within the city, appointed by the mayor and city council. One member of the zoning board of appeals may be a member of the planning commission. No other member of the zoning board of appeals shall simultaneously hold any employment or elected office with the city government.

(Ord. 265A (part), 2001)

The zoning board of appeals shall consist of five members, all of whom shall be residents of Auburn, Georgia. Each member shall be appointed by the mayor or a city council member of the city. The terms of the members shall be for four years and shall coincide with the term of the elected official making the appointment. Any vacancy in membership shall be filled for the remainder of the term in the same manner as the original appointment. The city council shall have the authority to remove any appointed member(s) for cause at any time upon giving such member(s) ten days' written notice. No member of the zoning board of appeals shall hold elected public office in the city.

The mayor and each council member shall be allocated one appointment to the zoning board of appeals, and that appointee's term shall coincide with that elected official's term. Each appointee is subject to approval by, and may be removed for cause, by a majority vote of the mayor and council, in a public meeting. Grounds for removal for cause shall include, but not be limited to, missing three or more meetings in a calendar year.

To initiate this appointment process, upon the adoption of the ordinance codified in this chapter, the current mayor and council members shall select by lot, the name of one member, drawn from a container holding the names of the members of each respective board. In the event that a board seat is vacant, a blank lot shall be substituted. The term for the member whose name is drawn by each elected official shall expire at the same time as the elected official who drew the name. This drawing shall be accomplished in a regular public meeting. The drawing of lots shall be supervised by the city planner and lots shall be recorded in the minutes of the public meeting.

If the mayor or a council member cannot provide a zoning board of appeals member or fails to appoint one within thirty days of taking office, or if any seat of mayor or council is vacant at the time an appointment is necessary, another elected official may offer a candidate, subject to approval by a majority vote of the city council. The vacating of any seat of mayor and council for any reason shall not affect the remaining term of the zoning board of appeals member appointed by an elected official who vacates his or her office.

(Ord. 07-009, 2007)

(Ord. No. 08-016, § 7, 8-7-08)

The zoning board of appeals shall elect one of its members, as Chairman and a second one as vice-chairman. The chairman and vice-chairman shall serve for one year or until reelected or until successors are elected. The zoning board of appeals shall appoint a secretary who may be an employee of the city.

(Ord. 265A (part), 2001)

A.

The zoning board of appeals shall adopt rules of procedure. Meetings of the zoning board of appeals shall be regularly scheduled, or at the call of the chairman at such other times as the secretary and chairman may determine. Each case heard by the zoning board of appeals shall provide for a minimum of ten minutes for public comment in favor of an application and ten minutes for public comment opposed to an application.

B.

Cases brought before the zoning board of appeals shall be decided by majority vote of members present and voting. A quorum shall consist of three or more members. Any board member may elect to abstain from any vote. An affirmative vote of at least three members is required to approve a petition before the board. Any member of the zoning board of appeals shall be disqualified to act upon a matter in which the member has an interest.

C.

The zoning board of appeals 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. The zoning board of appeals shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city planner and shall be a public record.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08)

A.

The zoning board of appeals shall have the following powers:

1.

To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the code enforcement officer or building inspector in the enforcement of this zoning title or the construction/building and technical codes adopted by the city council;

2.

To hear and decide requests for the special exceptions of this zoning title upon which the zoning board of appeals is required to pass;

3.

To authorize, upon appeal in specific cases, such variances from the terms of this zoning title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this zoning title shall be observed, public safety and welfare secured and substantial justice done. The variances may be granted in the individual cases of unnecessary hardship upon a finding by the zoning board of appeals that:

a.

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

b.

The application of this title to this particular piece of property would create an unnecessary hardship,

c.

Said conditions are peculiar to the particular piece of property involved,

d.

Said conditions are not the result of any actions of the property owner, and

e.

Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this title.

In exercising the above powers, the zoning board of appeals may, in conformity with the provisions of this title, reverse decisions or determinations from which the appeal is taken and, to that end, shall have all the powers of the code enforcement officer or building inspector from whom the appeal is taken and may issue or revoke or direct the issuance or revocation of a building or other permit.

B.

The zoning board of appeals may not grant a variance or special exception for the following:

1.

No variance may be granted for a condition of zoning required by the city council in approving a rezoning application;

2.

No variance may be granted for a use of land or building or structure that is prohibited by this title;

3.

No variance may be granted to permit a use which would result in a greater intensity of development on a property than would otherwise be allowed if no variance were involved.

(Ord. 04-007 (part), 2004: Ord. 265A (part), 2001)

Appeals to the zoning board of appeals may be taken by any person aggrieved or by any official of the city affected by any decision was made on an erroneous material fact or the actions of said official were arbitrary and/or capricious.

(Ord. 04-007 (part), 2004: Ord. 265A (part), 2001)

(Ord. No. 08-016, § 8, 8-7-08)

Before the zoning board of appeals acts upon an application for a variance or a special exception or appeal, it shall hold a public hearing thereon, and the following requirement shall be met:

A.

The notice of the time and place of the hearing and action to be considered shall be published at least fifteen days prior to the hearing in the official organ of Barrow County in which the sheriff's advertisements are published. At the hearing, any party may appeal in person or by agent or attorney;

B.

The city shall erect a sign in a conspicuous place on the property involved, or in the case of an isolated property, at the access point of the nearest public roadway. The sign shall contain information as to the appeal or the variance applied for and the time and place of the hearing. This required sign shall be erected at least fifteen days prior to the hearing and remain in place until the request is decided upon. Failure to erect and maintain the sign as specified shall not invalidate any subsequent determination by the board of appeals, or, upon appeal, by the superior court.

C.

The board of appeals, upon hearing the request and determining that special circumstances exist, may recommend to the mayor and council that all or part of the application fees be refunded.

(Ord. 04-007 (part), 2004: Ord. 265A (part), 2001)

If an application for a special exception of variance is denied by the zoning board of appeals, a reapplication for the special exception or variance may not be made earlier than twelve months from the date of the original application, except as provided in Section 17.170.090 of this title.

(Ord. 04-007 (part), 2004: Ord. 265A (part), 2001)

Any person that is a citizen of the city or the applicant requesting an appeal to the action of the zoning board of appeals, who is aggrieved by any decision of the zoning board of appeals, may present an appeal to the Superior Court of Barrow County or by writ of certiorari. The appeal shall be filed within thirty calendar days from the date of the decision of the zoning board of appeals and shall be in written form. Upon failure to file the appeal within thirty calendar days, the decision of the zoning board of appeals shall be final.

(Ord. 04-007 (part), 2004: Ord. 265A (part), 2001)