33-1

Authorization. Established by virtue of the Home Rule Provision of the Constitution of the State of Georgia of 1983 and codified by an Ordinance of the Augusta Commission dated March 18, 1997. The Board of Zoning Appeals for the Augusta Commission shall be hereinafter referred to as the "Appeals Board".

33-2

Membership. The Appeals Board shall consist of ten (10) members each of whom shall reside in one of the ten districts of Augusta.

33-3

General provisions. The Board of Zoning Appeals shall elect one (1) of its members as Chairman, who shall serve a one (1) year term or until a successor is elected. The Chairman may succeed himself.

(a)

The Chairman shall have the power to vote on matters before the Appeals Board only when his vote will change the result.

(b)

The Appeals Board shall appoint a secretary who may be an official or employee of either Augusta Commission or of the Augusta Planning and Development Department.

(c)

Meetings of the Appeals Board shall be held at the call of the Chairman and at such other times as the Appeals Board may determine.

(d)

The Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena.

(e)

The Appeals 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 filed in the office of the secretary of the Appeals Board and shall be a public record.

(l)

The Board shall adopt rules in accordance with the provisions of this section of this Ordinance.

33-4

Procedure. Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any official, department head, board, or bureau of the Augusta Commission, affected by any decision of an administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Appeals Board, by filing with the Secretary of the Appeals Board a notice of appeal specifying the grounds thereof.

(a)

Action of Augusta Commission:

(1)

Upon notice by the Secretary of a filing of appeal, the official from whom the appeal is taken shall forthwith transmit to the Appeals Board all papers constituting a record upon which the action appealed was taken.

(2)

An appeal stays all legal proceedings in furtherance of action appealed from, unless the official from whom the appeal is taken certifies to the Appeals Board, after 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 a case, proceedings shall not be stayed other than by a restraining order which may be granted by the Appeals Board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(b)

Action of appeals board. Upon receipt of notice of appeal in a form prescribed by the Appeals Board, the Board of Zoning Appeals shall:

(1)

Fix a reasonable time for the hearing of the appeal or other matter referred to it.

(2)

Publish once in a newspaper of general circulation in Augusta a "Notice of Public Hearing" on the appeal. Such notice shall be published at least fifteen (15) days prior to the date of the hearing and shall indicate the time and place of the hearing and the nature of the appeal to be considered by the Appeals Board.

(3)

Send postal cards or letters to the property owners of record whose property lies within a 300-foot radius of the property subject to the appeal, giving notice of the time, place, and nature of the appeal.

(4)

Upon the Hearing, any party may appear in person, by agent, or attorney.

33-5

Powers of appeals board:

(a)

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance adopted by the Augusta Commission pursuant to this Ordinance.

(b)

To hear and decide requests to place manufactured homes as second living units on properties for no longer than one (1) year, on the basis of hardship.

New medical hardships and annual renewals are subject to the following requirements:

(1)

The living unit must be accessory to the primary residence which otherwise lawfully exists.

(2)

The manufactured home must be used exclusively to house a family member or spouse of the primary resident.

(3)

Recreational vehicles or RVs and travel trailers are not acceptable as living units.

(4)

A follow-up inspection by the Planning and Development Department will be conducted within 60 days of the medical hardship approval to insure that the secondary living unit meets the minimum requirements of the International Property Maintenance Code and related codes and ordinances. The following will be required:

i.

The manufactured home must be built to the U.S. Department of Housing and Urban Development (HUD) standards and inspected by the Planning and Development Department. In the event that living unit is a modular home, it must be approved by the Georgia Department of Community Affairs (DCA).

ii.

The manufactured home shall be installed in accordance with O.C.G.A. Title 8, Chapter 2, Article 2, part 3, and be properly anchored and skirted.

iii.

All necessary improvements must be performed by a licensed contractor after the unit is placed.

iv.

The tax decal must be current and clearly displayed on the unit.

v.

The living unit shall be in good condition, and meet the following minimum space requirements:

(3)

The authorized use may lawfully continue, and any permit issued shall remain valid, only so long as all of the conditions described in this section continue to exist.

(c)

To authorize upon appeal in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions, literal enforcement of the provisions of the Zoning Ordinance will, in an individual case, result in an unnecessary hardship, so that the spirit of the Zoning Ordinance shall be preserved, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual cases of unnecessary hardship upon finding by the Appeals 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; and

(2)

The application of the Zoning Ordinance to this particular piece of property would create an unnecessary hardship; and

(3)

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

(4)

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

(d)

To authorize the operation of certain businesses as home occupations pursuant to regulations promulgated by the Augusta Commission.

(e)

In exercising the above powers, the Appeals Board may, in conformity with the provisions of this section, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination; and to that end, shall have all of the powers of the officer from whom the appeal is taken and may issue or direct issuance of a permit. When a variance is granted that would require the issuance of a building permit, an individual granted a variance by the Appeals Board has a period of one year from the date of approval to obtain a building permit. Anyone that fails to obtain a building permit within the one year period forfeits the variance right previously granted.

(f)

An appeal that is denied by the Appeals Board cannot be reheard for a period of one year unless the Appeals Board unanimously grants this privilege.

33-6

Appeal from decision of appeals board. Any person or person severally or jointly aggrieved by any decision of the Appeals Board or with any official charged with the enforcement of any order, requirement, or decision of said Board may appeal said decision to the Superior Court of Richmond County, Georgia. The procedure for said appeal shall be the same as an appeal to the Superior Court from any decision made by the Probate Court as provided by the laws of Georgia, except that said appeal shall be filed within thirty (30) days from the date of the decision of the Appeals Board or any official charged with the enforcement of any order, requirement, or decision in connection therewith; and upon failure to file said appeal within thirty (30) days, the decision of the Appeals Board shall be final.

Amended: March 2016 - 33-5(b)