13-1.1.

Membership and appointment. The Ben Hill County Board of Zoning Appeals hereinafter referred to as the "board" shall consist of five members residing within Ben Hill County, Georgia. The board of commissioners shall serve as the zoning board of appeals. One member shall be an attorney and shall be appointed by the governing bodies jointly. Board members may be removable for cause, upon written charges, and after public hearing. Any member of the board shall be disqualified to act upon a matter before the board with respect to property in which the member has an interest.

13-1.2.

Term of office. The term of office for each member of the board shall be for five years; however, in the appointment of the first board, three of the members shall be appointed for three years and two for two years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

13-1.3.

Compensation. The board members shall receive no compensation for their service except that they may be reimbursed for out-of-pocket expenditures made in connection with their duties, subject to policies as may be established by the Ben Hill County Board of Commissioners.

The board 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. The board of appeals shall appoint a secretary who may be an officer of Ben Hill County, Georgia or of the planning commission. The board shall have authority to adopt rules of procedure. Meetings of the board shall be held at the call of the chairman and at such other times as said board may determine. The chairman, or in his absence the acting 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 said board and shall be a public record. The decisions of the board shall be by resolution, which resolution shall contain a statement of the grounds of its decision or action. The full text of the resolution shall be sent to the appellant. No appeal requesting the same relief in regard to the same property shall be received or heard by the board for a period of 12 months following the date of said resolution, except that this limitation shall not affect the right of said board to grant a rehearing if provided in the rules of procedure adopted by said board.

The county commission may provide such technical, legal, administrative, and clerical assistance as is needed by the board to carry out its function under the provisions of this ordinance.

13-4.1.

Who may appeal. Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing authority affected by any decision of the zoning administrator. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

13-4.2.

Presentation of evidence. The appellant, and any public agency or private individual shall be entitled to present evidence on matters before the board, and said board may request technical service, advice, data, or factual evidence from the planning commission and the respective governing authority for assistance in reaching decisions. The board may request legal advice for particular matters, subject to limitations established by the Ben Hill County Board of Commissioners.

13-4.3.

Extent of board of appeals' power. The board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the zoning administrator, and to that end shall have all the powers of the zoning administrator. The board may direct the issuance of a permit. It shall be the duty of the zoning administrator to carry out the decisions of the board.

13-5.1.

Notice of hearing shall be given. Before making its decision on an administrative appeal, request for a variance, or any other matter within the board's authority, said Board shall hold a public hearing thereon. At least 15 days but not more than 45 days' notice of the time and place of such hearing. Notices should be sent to owners of all properties either adjoining the property with which the hearing is concerned or situated directly across a public right-of-way from said property. Such notice shall contain the name of the appellant or petitioner, the date, time, and place set for the hearing, and a brief statement of the nature of the hearing.

13-5.2.

Public notice in newspaper. The board shall give a public notice of the hearing in a newspaper published and circulated in Ben Hill County, Georgia by advertisement published at least 15 days but not more than 45 days prior to the date of the public hearing.

13-5.3.

Who may appear. Any party may appear at the public hearing in person or by agent or by attorney.

13-5.4.

Time limit on board's decision. The board shall reach a decision following a public hearing within 30 days.

13-6.1.

Appeals from actions of the zoning administrator. The board shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this ordinance.

13-6.2.

Request for a variance. The board may authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. Provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this ordinance in the district in question. Such variance may be granted in an individual case upon finding by the board that all of the following exists:

a.

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

b.

the application of this ordinance to this particular piece of property would create an unnecessary hardship; and,

c.

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

d.

relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance; provided that no variance may be granted for a use of land, building or structure that is prohibited by this ordinance. Applications for use variances shall not be accepted by the zoning administrator. Such requests shall be properly filed as requests for rezoning, the authority for such rezoning of property being solely reserved for the Ben Hill County Commission.

e.

Provided that the board may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of residents and workers in the community, and to protect the value and use of property in the general neighborhood. Provided, that whenever the board shall find, in the case of any permit granted pursuant to the provisions of this ordinance that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, said board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for public hearing.

13-6.3.

Request for extension of Nonconforming residential uses. The board may authorize upon appeal in specific cases an extension or replacement of an existing nonconforming residential use which the board is specifically authorized to pass on under the terms of this ordinance. Said extension may be granted in an individual case upon finding by the board that:

a.

The use is a Nonconforming use as defined in this ordinance; and

b.

the use is in full compliance with all requirements of this ordinance applicable to nonconforming uses; and

c.

the extension of said use will not further injure a permitted use on adjacent property in the same district.

d.

This section is specifically designed to allow for the replacement of homeowner occupied residential units in areas no longer zoned for residential uses. As such, this provision is not subject to the limits of section 8-5.

Appeals from actions of the zoning administrator, requests for variances, and requests for extension of a Nonconforming residential uses shall be made on forms provided for such purposes. All information required on said forms shall be provided by the applicant. Forms shall be filed with the zoning administrator, and the applicant shall pay Ben Hill County for expenses incidental to the appeal. No form shall be accepted by the zoning administrator unless it contains all pertinent information and is accompanied by the required fee of a fee to defray expenses as set from time to time by the county commission.