(a)

The unified planning board is hereby established. It shall be a combination of the existing board of adjustments and planning board. The unified planning board shall have a total of five seats, one for each of the four wards of the city and one at large seat. The five seats shall initially be filled by the holders of the board of adjustments and the planning board, as reappointed by the city commission. The terms for each unified planning board seat shall be four years, except as expressly provided in the terms of the appointment, which shall be designed to achieve staggered terms. The unified planning board shall be authorized to perform all duties and actions and hear all matters that either the board of adjustments or the planning board were authorized to consider prior to the adoption of this chapter. References in this [chapter] or other ordinances of the City Code to the board of adjustments or planning board shall be deemed a reference to the unified planning board.

(b)

Members shall be compensated in an amount determined by the city commission by resolution and shall be reimbursed for any expenses incurred while representing the board. Any vacancy in the membership of the unified planning board shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the city commission upon written charges and after public hearing. The failure of a member of the unified planning board to attend three consecutive public meetings shall be deemed an abandonment of office effective immediately upon the conclusion of the third consecutive meeting, and the vacancy may be filled by the city commission. Absences may be excused by a majority vote of the remainder of the unified planning board for good cause shown.

(c)

Members of the unified planning board shall attend training conducted from time to time by the city, or by other appropriate entities such as the Georgia Municipal Association, Carl Vinson Institute of Government or the Department of Community Affairs relevant to land use, planning and local government procedure.

(Ord. No. 12-22-20, 1-5-2021)

(a)

The unified planning board shall elect a chair-person and a vice chair-person from its members who shall serve for three years or until re-elected or until their successors are elected. The board shall appoint a secretary, who may be a city officer, an employee of the city, or a member of the board. The board shall adopt such rules and by-laws as they deem appropriate. The board shall meet every other month or on such schedule as it chooses to adopt, but no less than four times per year, providing there are matters to consider. If there are no agenda items, the regularly scheduled meeting shall be cancelled.

(b)

Meetings of the unified planning board shall be held at the call of the chair-person and at such other times as the board may determine. The chair-person, or in his absence the vice chair-person, may administer oaths to witnesses.

(c)

The unified planning 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 board and may be a public record.

(d)

All meetings of the unified planning board shall be open to the public, except where a meeting is closed in compliance with the Georgia Open Meetings Act.

(Ord. No. 12-22-20, 1-5-2021)

The unified planning board shall have the following powers and duties:

(1)

Appeals. To hear and decide 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 chapter. Appeals to the unified planning board may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Cornelia affected by any decision of the zoning director. Such appeal shall be taken within 30 days of said decision by filing with the zoning administrator a written notice of appeal specifying the grounds thereof.

(2)

Variances. The unified planning board has the power to hear requests for variances from the provisions of this chapter. Variances may be granted upon a finding by the board:

a.

That one of the following is true, through no action or fault of the property owner or predecessor:

1.

The property is exceptionally narrow, shallow or unusually shaped,

2.

The property contains exceptional topographic conditions,

3.

The property contains other extraordinary or exceptional conditions, or

4.

There are existing other extraordinary or exceptional circumstances; and

b.

That the strict application of the requirements of this chapter would result in practical difficulties to, or undue hardship upon, the owner of this property; and

c.

That the requested variance relief may be granted without substantially impairing the intent and purpose of this chapter.

(3)

Conditions. In granting a variance, the unified planning board may attach 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 chapter will be served, public safety and welfare secured and substantial justice done.

(4)

Places of worship. In compliance with federal law, if a variance is requested by a place of worship in connection with the exercise of religion, the board shall additionally consider whether the regulation imposes a substantial burden on the exercise of religion, whether the regulation serves a compelling governmental interest, whether the denial is the least restrictive means to serve that interest, or whether the variance can be granted without harming that interest.

(5)

Reasonable accommodations. If the variance is based on a claim a disability, the board shall consider what reasonable accommodations in this chapter can be made to provide persons with a disability equal opportunity to use and enjoy properties, while not abrogating the purposes of this chapter. Any reasonable accommodation should only relate to the disability.

(6)

Duration of validity. Approval of a zoning variance on a property located within the city shall be in full force and effect upon its approval and shall be effective for a period of 12 months. If no action is taken by the applicant to implement the purpose of the application within 12 months from the date of approval, said approval shall become null and void. A zoning variance shall be specific to the request made by the current applicant and shall not stay with the property, as is the case for a zoning change.

(Ord. No. 12-22-20, 1-5-2021; Ord. No. 12-23-01, 1-9-2024)

(a)

Applications. Applications for appeals or variances must be filed in accordance with the schedule set out by the zoning administrator. The zoning administrator shall transmit to the board all documents constituting the record upon which the action appealed from was taken.

(b)

Published notice. Due notice of the public hearings pursuant to this article shall be published in the newspaper of general circulation within the city. Notice advertising the hearing on the appeal or variance and indicating date, time, place and purpose of the public hearing shall be published at least 15 days but not more than 45 days prior to the date of the hearing. The cost of the advertisement shall be borne by the applicant. For variances, the building official shall post, at least 15 days prior to the unified planning board's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application number, date, time and place of the public hearing.

(c)

Letters to adjacent property owners. The applicant for said appeal or variance shall give notice of the appeal or variance and the public hearing thereon to all property owners adjoining the property for which said appeal or variance is made or sought. Said notice shall be given to each adjoining property owner by first class mail, with proof of mailing obtained from the post office. Proof of mailing means either a First Class "Certificate of Mailing" or a First Class "Certified Mail" receipt; a proof of delivery is not required. Only owners reflected on the records of the tax assessors as of the date of the application shall be entitled to notice. In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded. Proof of mailing for each recipient shall be provided to the zoning administrator before the public hearing. Said notice must be mailed at least 15 days prior to the date of said scheduled public hearing.

(d)

Information in notice. The notice required herein to be published and to be served upon adjacent property owners shall contain the following information:

(1)

Name and address of the applicant;

(2)

Address and location of the property for which the appeal or variance is sought;

(3)

Current zoning of the property for which the appeal or variance is sought;

(4)

The variance requested or the subject matter of the appeal and the reason for the requested variance or the appeal; and

(5)

The date, time and place of the public hearing on said requested appeal or variance.

(e)

Recording hearing. The applicant may arrange for and provide a certified court reporter to transcribe the hearing before the unified planning board, at the expense of the applicant. Upon appeal of the decision of the unified planning board, said transcript shall be made part of the record for review. Board hearings shall also be recorded by video or audio tape.

(Ord. No. 12-22-20, 1-5-2021)

(a)

In exercising its powers, the unified planning board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the zoning administrator.

(b)

The concurring vote of a majority of the members present of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter.

(c)

On all appeals, applications and other matters brought before the unified planning board, said board shall inform, in writing, all the parties involved of its decisions and the reasons therefore. Such written decision may be prepared by the zoning staff or city attorney.

(Ord. No. 12-22-20, 1-5-2021)

(a)

Sign up. All persons who wish to address the unified planning board at a hearing concerning an appeal or variance under consideration by the unified planning board should first sign up on a form to be provided by the city prior to the commencement of the hearing.

(b)

Matter presented; out of order applications. The secretary of the unified planning board will read the proposed appeal or variance under consideration in the order determined by the zoning administrator. The zoning administrator or designee shall then present the basis of the appeal or variance, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed appeal or variance. Any appeal or variance that has not complied with all notice and other requirements of this chapter shall be deemed out of order and shall not be considered at that hearing.

(c)

Speakers. The secretary of the unified planning board shall call each person who has signed up to speak on the appeal or variance then before the unified planning board in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his/her current address.

(d)

Time limits. The applicant or appellant and those in favor of the variance or appeal shall have 15 minutes to speak, total. Those opposed to the application or appeal shall have 15 minutes to speak, total. The board may extend these times upon majority vote. The applicant may reserve time for rebuttal. Upon vote of a majority of the board, either side may be granted additional time in any amount the board desires, but in such event, the other side shall be granted the same additional time.

(e)

Evidence, cross-examination. Each side shall have the opportunity to present evidence and witnesses which shall be entered into the record.

(f)

Decorum and order. Each speaker shall speak only to the merits of the proposed appeal or variance under consideration and shall address his/her remarks only to the members of the unified planning board. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed appeal under consideration. The chair may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on the appeal or variance is conducted in fairly.

(Ord. No. 12-22-20, 1-5-2021)

Recourse from a decision by the unified planning board in regards to appeals of administrative decisions and variance applications shall be to the Superior Court of Habersham County pursuant to law.

(Ord. No. 12-22-20, 1-5-2021)