(1)

Any order, requirement, decision, or determination made by the building and zoning inspector or any other administrative office or agency in the enforcement of any section or article adopted in this ordinance may be appealed directly to the city council. Such appeal to the city council must be in writing and it must be filed within 30 days after the building and zoning inspector or any other administrative official has rendered its decision.

(2)

Upon receipt of such written notice of appeal, the city council shall hold a public hearing on the appeal. [The] city council may reverse, affirm or modify the orders or requirements, but in any event shall issue a written decision on the appeal.

The city council as it pertains to the zoning appeals process shall have the following powers and duties:

(1201.01) 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.

(1201.02) To authorize, upon appeal, in specific cases a variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will in an individual case, result in unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding of the city council.

(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 the ordinance to this particular piece of property would create an unnecessary hardship;

(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 purpose and intent of the ordinance, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district by the ordinance.

(1201.03) To hear and decide special exceptions by the granting of conditional use permits upon a finding by the city council.

(a)

The special exception or conditional use will not be injurious to the use and enjoyment of the environment or of other property in relation to cost of servicing or maintaining neighboring properties;

(b)

The proposed conditional use will not increase local or state expenditures in relation to cost of servicing or maintaining neighboring properties;

(c)

The establishment of the conditional use will not impede the normal and orderly development of surrounding property for uses predominant in the area; and

(d)

The location and character of the proposed conditional use as considered to be consistent with a desirable pattern of development for the locality in general.

(1201.04) To decide on other matters where a decision of the city council may be specifically required by the provisions of this ordinance. In exercising these powers, the city council may, in conformity with the provisions of this act, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The council, in the execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the superior court.

Any person aggrieved by any decision of the city council may take an appeal to the superior court within 30 days after the decision of the city council is rendered. Such appeal shall be as specified in O.C.G.A. § 5-3-2 et seq.