There is hereby established a Board of Zoning Appeals, which shall consist of five (5) members, residents of the City of Ball Ground, appointed by the City Council for overlapping terms of 3 years. Any vacancy in the membership of the Board shall be filled for the unexpired term in the same manner as the initial appointment.

The Board of Zoning Appeals shall elect one of its members as chairman, who shall serve for one year or until he is re elected or his successor is elected. Meetings of the Board shall be held at the call of the chairman and at such times as the Board may decide. 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 maintained by the Administrator and shall be a public record.

A.

The Board of Zoning Appeals shall have the powers to:

1)

Hear and decide appeals from the decision of the Administrator where it is alleged there is error in any order, requirement, decision or determination.

2)

Grant variances from zoning regulations of this article in cases where strict application of such regulations would result in unnecessary hardship; but only in harmony with the spirit and intent of these regulations and is the minimum necessary to grant relief without injury to the public interest. All such variances must be based upon the evidence submitted before the Board of Zoning Appeals and upon its findings, supported by the testimony or by documentary testimony that such variance shall be required by one of the following causes:

a)

Because the existence in good faith of a nonconforming use at a time prior to the adoption of the Zoning Ordinance of the City of Ball Ground, or amendments thereto, requires the continuance of such nonconforming use;

b)

The power of the Board of Zoning Appeals to grant a variance or otherwise act on an application, request, petition, or appeal, regardless of the nomenclature used by the applicant, shall not include the power to consider any action that would or potentially could result in an increase in density. The City Council retains the sole authority to act on any matter that would or potentially could result in an increase in density. Any application intended for the Board of Zoning Appeals shall be reviewed by the Administrator. If the Administrator determines the application would or potentially could result in an increase in density, then the Administrator shall refer the application to the City Council to be treated in the same manner as an application for rezoning or other amendment to the zoning ordinance or map, with the City Council retaining for itself the authority to act on any request(s) for variance(s) contained in such application. Any application not referred to the City Council by the Administrator shall proceed before the Board of Zoning Appeals as provided herein.

c)

There are extraordinary and exceptional conditions creating a substantial hardship to the applicant which pertain to the particular piece of property or building in question because of its size, shape or topography.

B.

Every such judgment of the Board of Zoning Appeals granting a variance, appeal or special land use permit shall be accompanied by a finding of fact specifying the reasons thereof. In all cases no variance shall be granted unless the Board finds all of the following conditions exist:

a)

That the special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not generally apply to other land or buildings;

b)

That the condition from which relief is sought did not result from action by the applicant or property owner;

c)

That the granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

C.

In granting any variance under the provisions of this section, the Board of Zoning Appeals may designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of these regulations and may designate conditions to be performed or met by the user or property owner, out of regard for the public health, safety, comfort, convenience, and general welfare of the community, including safeguards for, with respect to light, air, areas of occupancy, density of population and conformity to any master land-use traffic plan, the future development of the City.

D.

All variances are conditionally issued and said variances must be initiated within a period of 12 months. Said 12-month period shall commence on the date said variance is issued by the city and conclude at midnight on the first anniversary of the date the variance was issued by the city. Variance related development activities such as clearing and grading in accordance with an issued land disturbance permit, construction activities in accordance with an issued building permit, and similar development activities shall be initiated within said 12-month period. If no development activities are initiated after expiration of said 12-month period, then the previously issued variance shall be automatically rescinded, and applicants for variances may seek board approval by reapplying for said variance.

For multi-phase developments, a phase plan with accompanying timeline must be presented with the original variance application. Additionally, a first phase must have been properly initiated within the 12-month period. Only then may a variance be valid beyond 12 months for those undeveloped phases.

E.

The Board may in conformity with this article reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that end shall have all the duty of the Administrator to carry out the decisions of the Board.

F.

Variances may not be granted by the Board of Zoning Appeals conditioned upon the approval by City Council of an application to amend this article or to amend the Official Zoning Map.

G.

Variances granted by the Board of Zoning Appeals or City Council shall only remain in effect as long as the property to which it applies remains in the same zoning classification such property was in at the time the variance was granted.

(Ord. of 4-8-2021(2); Ord. of 2-8-2024(3), Exh. A)

A.

An appeal to the Board of Zoning Appeals may be taken by any person, firm, or corporation aggrieved or by any governmental officer, department, Board or agency affected by any decision of the Administrator with respect to this article. Such appeal shall be made within 10 days following notification of the decision appealed from, by filing with the Administrator a notice of appeal and specifying the grounds thereof. The Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action was taken. An appeal stays all legal proceedings in furtherance of action appealed from, unless the Administrator certifies to the Board, after the notice of appeal shall have been filed with him, that by reasons of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property.

B.

A copy of the paid in full tax bill or a letter from the Cherokee County Tax Department stating that all taxes have been paid must accompany the application for a variance before it will be processed.

C.

Any applicant to whom a variance is granted shall be given written notice specifying any variances granted.

D.

Time limit on resubmission. An application for a variance affecting the same property shall not be submitted more than once every 12 months; however, an applicant may petition the Board of Zoning[ Appeals] to waive the 12 month waiting period by demonstrating that the situations or amount of variance requested which led to denial have materially changed or if the request is materially different.

The Board shall hold a public hearing on all requests for special exceptions, variances and appeals on which it acts.

A.

Applications for a hearing and decision on requests for variances, appeals, and special exceptions shall be filed with the Administrator on forms he shall provide at least 30 days prior (or less at staff discretion) to the meeting at which they may be heard. Each application shall contain such information as the Administrator may require to enable the Board to make its decision including, but not limited to, a plat drawn to scale showing the following:

1)

All property lines, with dimensions on an appropriate scale to allow staff review;

2)

A legal description of the tract involved;

3)

Location of buildings and other structures, creeks, and easements referenced to the property;

4)

North arrow, land district and land lot number; and

5)

Location of setback lines or other requirements from which the variance is sought.

B.

Notice of the time and place of the hearing shall be sent to the appellant and all abutting property owners; provided, however, that where any such property is owned by a limited partnership, partnership or joint venture, only the person or entity in whose name said property is returned for taxes, as shown by the city tax records shall be entitled to notice hereunder. The names and addresses of all such abutting property owners who are entitled to notice under this section shall be determined from the city tax records as of the date on which the application is filed. As used in this section, the term "street" shall not include an interstate highway. In addition to the above notice requirements, the Administrator shall post in a conspicuous place on the property a sign or signs which shall contain information as to the date, the time and purpose of the hearing. Public notice shall also be given in the local newspaper at least 15 days before the hearing.

C.

No submitted application may be amended after public notice of the request has been given provided, however, the Board may allow such application to be amended during the public hearing.

D.

The Board shall adopt such rules and regulations for the conduct of the public hearing as are consistent with state laws and the City Code and are appropriate to its responsibilities.

E.

Notice of requests before the Board shall be sent to all City Councilmembers.

The Administrator shall provide such technical and clerical assistance as the Board may require and shall maintain permanent and complete records of the activities of the Board.

The Board shall adopt such rules for its own internal administration and procedure, including, but not limited to, conflict of interest rules, to insure that no member is entitled to rule on or adjudicate a matter in which he has an interest directly or indirectly.

Any party aggrieved by any final judgement or decision of the Board may within 30 days thereafter appeal therefrom to the Cherokee County Superior Court. The appellant shall furnish the Board a written notice of appeal specifying the judgement or decision from which appeal is taken. In case of such appeal, the Board shall cause a record of the proceedings in the case to be certified to the court to which the appeal is taken and the case shall, in such court, be a new trial.