The Zoning Board of Appeals is hereby established. The word "Board" when used in this Ordinance shall be construed to mean the Zoning Board of Appeals. The Board shall consist of three members, appointed by the Mayor and Council for overlapping terms of three years. One member shall be a member of the Planning Commission, but the other two members of the Board shall hold no other public office or position. Any vacancy in the membership of the Board shall be filled for the unexpired term in the same manner as the initial appointment.

(Ord. of 10-09)

The Board shall elect one of its members as Chairman, who shall serve for one year or until he is reelected or his successor is elected. Meetings of the Board shall be held regularly each month and at such other times as the Board may decide. The meetings may be canceled by the Chairman if there are no matters to be acted upon by the Board. 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 the Zoning Administrator and shall be public record.

(Ord. of 10-09)

The Board of Appeals shall have the following powers and duties:

1.

Variances: The Board shall hear and decide applications for variances from the development requirements of this Ordinance, but only where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, which at the time of adoption of this Ordinance, was a lot or plat of record; or where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property, the strict application of the said development requirements of this Ordinance would result in practical difficulties to, or undue hardship upon the owner of such property. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure, or use as it may deem advisable so that the purpose of this Ordinance will be served. However, the Board shall not be authorized to grant a density variance or a use variance to permit a use in a district in which the use is prohibited.

No variance shall be authorized unless the Board finds that 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 apply generally to other land or buildings in the vicinity.

b.

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

c.

That the condition from which relief of a variance is sought did not result from action by the applicant.

d.

That the authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, increase the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding areas or in any other respect impair the health, safety, comfort, morals, or general welfare of the inhabitants of the City.

2.

Appeals. The Board shall hear and decide appeals where it is alleged by the appellant that there is an effort in any order, requirement, development, or building permit, decision, determination, or refusal made by the Zoning Administrator or other administrative officials in the administration or enforcement of any provision of this Ordinance. Such appeals shall be in accordance with the following:

a.

An appeal to the Board of 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 Zoning Administrator with respect to this Ordinance. Such appeal shall be made within ten (10) days following notification of the decision appealed from, by filing with the Zoning Administrator a notice of appeal and 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.

b.

An appeal stays all legal proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Appeals, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction.

c.

The appellant and any public agency or private individual shall be entitled to present evidence on matters before the Board.

d.

The Board may, inconformity with this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed for, 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.

3.

Special Exceptions and Interpretations:

a.

To hear and decide the following exceptions to the terms of this Ordinance provided that such exceptions shall impose appropriate conditions and safeguards:

1.

The extension of a district for a distance of not more than 50 feet where the boundary line of a district divides a lot or tract held in single ownership at the time of the passage of this Ordinance.

2.

Zone district boundary interpretations as provided in Article IV, Section C.

3.

Questions relating to allowed permitted uses or interpretation of use restrictions.

4.

Questions relating to the existence of a non-conforming use.

(Ord. of 10-09)

The Board shall hold a public hearing before making its decision on all requests for special exceptions, variances, and appeals on which it acts, and shall act within a reasonable time after receiving an application.

1.

Applications. Application for a hearing and decision on requests for variances, appeals, and special exceptions shall be filed with the Zoning Administrator on forms he shall provide at least 30 days prior to the meeting at which they are to be heard. Each application may require to enable to Board to make its decision. Each application for a variance shall include a plat drawn to scale showing the following information:

a.

All property lines, with dimensions.

b.

Location of buildings and other structures, creeks, and easements referenced to the property line of the tract.

c.

North arrow, land district and land lot marker.

d.

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

2.

Notice of Hearing. At least 15 days notice of the time and place of the hearing shall be sent to the applicant and the owners of all properties abutting or across the street from the property with which the hearing is concerned. In addition, the Zoning Administrator shall post, in a conspicuous place on the property a sign or signs which shall contain information as to the date, time, and purpose of hearing before the Board, at least 15 days before the hearing. However, acts of vandalism or natural occurrences which limit the effectiveness of such public notice as posting the property shall not void the proceedings of actions taken under this Article.

3.

Hearing Procedure. The Board shall adopt such rules and regulations for the conduct of the public hearings as are consistent with State law and are appropriate to its responsibilities, which shall be published and available to the public, including rules on the presentation of evidence.

(Ord. of 10-09)

The Zoning 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.

(Ord. of 10-09)

To defray a portion of the costs occasioned thereby, no appeal from the decision of the Zoning Administrator and no application for an exception, variance or other matter, shall be entered on the docket of, heard by, or ruled by the Board until there has been paid to the Chatsworth City Clerk an application fee in an amount established by the Mayor and Council. No fee shall be required for an interpretation of this Ordinance when there is discrepancy between the street layout on the ground and the street layout as shown on the zone district map. Neither the City nor any officer, agent or employee of the City acting in his official capacity, nor any agency of the County shall be required to pay a fee under this Article.

(Ord. of 10-09)

The Board shall adopt such rules for its own internal administration and procedures, 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.

(Ord. of 10-09)

Any party aggrieved by a final judgment or decision of the Board may within thirty (30) days thereafter appeal by Writ of Certiorari directly to the Murray County Superior Court. There shall be no intermediate appeal to the Chatsworth Mayor and Council or any other administrative body.

(Ord. of 10-09)