The board of zoning appeals shall elect a chairman and a vice-chairman from its members who shall serve for one year or until reelected or until their successors are elected. The board shall appoint a secretary, who may be a county employee. The board shall adopt rules and bylaws in accordance with the provisions of this article.

Meetings of the board shall be held at the call of the chairman, and at such other times as the board may determine. The board may table questions before it for action at a subsequent meeting; and the board may seek counsel on questions before it from the county attorney, director, building official or other authorities.

The chairman shall call special meetings of the board, decide points of order and procedure, administer oaths, and command the appearance of witnesses. The vice-chairman shall, in the absence of the chairman, administer the office of the chairman. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, all of which shall be a public record.

All meetings of the board shall be open to the public.

(Ord. No. 008-20, 1-7-20; Ord. No. 016-24, 9-17-24)

The board of zoning appeals shall review all variance and/or conditional use applications at meetings which are open to the public. At a meeting, any party may appear in person or be represented by an agent or attorney. No member of the board of zoning appeals shall participate in any way in a hearing in which he or she has financial or special interest.

No application or reapplication for any variance and/or conditional use affecting the same land or any portion thereof shall be acted upon within six months following the defeat by the board of commissioners. Nothing in the ordinance shall prevent the applicant from withdrawing their application no later than seven calendar days prior to the scheduled public hearing. If an applicant requests to withdraw their application in less than seven calendar days prior to the scheduled public hearing, said withdrawal shall require action by the board of zoning appeals.

(Ord. No. 005-10, 5-18-10; Ord. No. 008-20, 1-7-20; Ord. No. 016-24, 9-17-24)

The board of zoning appeals shall fix a reasonable time for hearing of the appeal or other matters referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time, all in accordance with the procedures set forth in section 280. Upon hearing, any party may appear in person or by agent or attorney.

The notice shall include the location, present and proposed change of the property along with the date of the hearing. In addition, a copy of the notice shall be sent by mail to all owners of property located within 250 feet of the property. Property ownership shall be ownership as shown by the Coweta County Tax Digest for the year in which the application is considered, and the county officials have no duty to inquire into ownership beyond that shown on said tax digests.

Whenever a proposed conditional use permit has been submitted, the board of commissioners shall cause to be posted in a conspicuous place on the property a sign not less than 15 days prior to the date of the hearing. Such posted sign shall be not less than 12 square feet in area, and shall contain information as to the proposed conditional use and the date, time and place of the public hearing before the board of zoning appeals.

(Ord. No. 005-10, 5-18-10)

An appeal stays all legal proceedings in furtherance of the action appealed from unless the director certifies to the board of zoning appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a competent court on application or notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. No. 008-20, 1-7-20)

The board of zoning appeals shall have the following powers and duties:

1.

Variance and conditional use applications. The board of zoning appeals has the power to hear requests for variance and conditional use applications from the provisions of this ordinance. A variance may be recommended for approval only if the board of zoning appeals finds, and states the basis for said findings on the record, all of the following exist:

A.

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

i.

The property is exceptionally narrow, shallow, or unusually shaped;

ii.

The property contains exceptional topographic conditions;

iii.

The property contains other extraordinary or exceptional conditions; or

iv.

There are existing other extraordinary or exceptional circumstances; and

B.

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

C.

That the requested variance relief may be recommended for approval without substantially impairing the intent and purpose of this ordinance.

The board of zoning appeals shall issue in writing to applicant, within ten days of the hearing, notification of 1) the recommendation to the board of commissioners regarding the application (i.e., approval or denial); and 2) the date and time the final decision will be heard by the board of commissioners.

2.

Conditions. In recommending the approval of a variance, the board of zoning appeals 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 ordinance will be served, public safety and welfare secured, and substantial justice done. Any deviation or revision from a condition recommended by staff shall be clearly set forth in the minutes of the board of zoning appeals.

3.

Limitations on variances; improper variance requests. Variance cannot be given to totally remove a requirement or to exempt a property or applicant entirely from the requirement. If a variance is being sought that is, in the judgment of the director, a request that would constitute a text amendment, then the application shall not be accepted. Variances can only be recommended for approval to alter a numeric value, such as setback, height limit, area limit, and so forth. Furthermore, the board of zoning appeals shall not be authorized to recommend approval of a density variance or a use variance to permit a use in a district in which the use is prohibited. A variance application shall not be accepted if the variance seeks something that cannot be varied, or to eliminate rather than modify a requirement or regulation. A variance application shall not be accepted if the variance is contradictory to the ordinance (such as reducing a requirement to zero or totally eliminating a requirement).

4.

Self-inflicted hardship. The board of zoning appeals shall not recommend approval of variances when the hardship was created by the property owner or his predecessor and shall not recommend approval of hardship variances based on shape or topography for a lot of record. Configuring a subdivision to create lots that are difficult to build is an example of a hardship created by the property owner or predecessor, that do not justify a variance.

(Ord. No. 008-20, 1-7-20; Ord. No. 016-24, 9-17-24)

Since the recommendation by the board of zoning appeals is a finding of fact, the board of commissioners shall not be required to conduct a hearing before making a final decision on any appeal or conditional use application. The board of commissioners shall act on any application when possible, and within 30 days from the date of submittal by the board of zoning appeals. If the board of zoning appeals does not submit a recommendation within the required 30-day period, the board of commissioners shall act upon the application within 60 days from the date of the initial submittal of a completed application to the department. A property owner, with the consent of the board of commissioners may voluntarily withdraw the application. Once the applicant has withdrawn their application, the applicant must reapply as a new application.

At the meeting before the board of commissioners, any party may appear in person or be represented by an agent or an attorney.

The board may grant approval of a variance or conditional use only if the board finds that the proposed variance or conditional use would not adversely affect the health or safety of persons residing or working close to the proposed use, and the proposed use will not be detrimental to the public welfare or injurious to property values or public improvements in the surrounding area. The existence of a nonconforming use of neighboring land, buildings, or structures in the same or in the other districts shall not constitute a reason for a variance or conditional use. The following factors, where relevant, shall be considered in evaluating a variance or conditional use and may be granted in an individual case of unnecessary hardship upon a finding by the board of commissioners that one or more of the following factors may exist:

(1)

Whether the variance or conditional use will permit a use that is suitable in view of the use and development of adjacent and nearby property;

(2)

Whether the variance or conditional use will adversely affect the existing use or usability of adjacent or nearby property;

(3)

Whether or not the special circumstances contribute to the request are peculiar to the particular property involved;

(4)

Whether the variance or conditional use will result in a use, which will or could cause an excessive, or burdensome use of existing streets, transportation facilities, utilities, or schools;

(5)

Whether there are other existing or changing conditions affecting the use and development of the property, which gives supportive grounds for either approval, or disapproval of the variance or conditional use;

(6)

Whether or not the situation for which the request is being made poses an unnecessary hardship for the applicant; and

(7)

Whether or not the request is due to an intentional action of the applicant to violate the requirements of this ordinance.

If a conditional use permit is granted, the board of commissioners may specify and require such conditions in connection therewith as will, the board's opinion, assure that the proposed use will conform to the requirements and spirit of this ordinance. The following factors, where relevant, shall be considered in evaluating conditional use and may be granted in an individual case of unnecessary hardship upon a finding by the board of commissioners that all of the following conditions exist:

(1)

The available existing street system is adequate to efficiently and safely accommodate the traffic, which will be generated by the proposed use or development.

(2)

The existing public utilities, facilities and services are adequate to accommodate the proposed use or development.

(3)

The use or development does not generate or cause conditions such as noise, light, glare, odor, or similar objectionable features which would reduce the value, use or enjoyment of surrounding properties.

(4)

The proposed building(s) are not out of character with the surrounding area and zoning district in terms of building construction and general aesthetic appearance to the extent that the proposed building will have a detrimental impact on the value of nearby homes, businesses, or other properties.

If, at any time after a conditional use permit has been issued, the director finds the conditions imposed and the agreements made have not been or are not being fulfilled by the holder of a conditional use permit, the permit shall be cancelled. The operation of such use must be discontinued.

The board of commissioners shall notify the applicant of its final decision.

(Ord. No. 008-20, 1-7-20)

The board of zoning appeals, in making its recommendation, shall receive and carefully consider the recommendations of the director on all matters presented to the board.

(Ord. No. 008-20, 1-7-20)

The board of zoning appeals shall have 45 days from the date of submittal of a completed application to make its recommendation to the board of commissioners. However, in the case of submittal of an application proposing a development of regional impact, the board of zoning appeals shall have 45 days from receipt of the regional commission notice of finding and recommendation, and/or the Georgia Regional Transportation Authority decision on the DRI plan of development to make its recommendation to the board of commissioners. If the board of zoning appeals fails to make its recommendation within the 45-day period, it shall be deemed to have recommended approval of the proposed amendment. The above 45-day period may be extended with the approval of the applicant.

(Ord. No. 027-09, 9-1-09; Ord. No. 008-20, 1-7-20)

The provisions of this article shall not prohibit the board of commissioners from authorizing the director to grant certain administrative variances in accordance with policies or other ordinance provisions established by the board of commissioners. The procedures for approval or denial in those circumstances shall be established by the policy or relevant ordinance section and shall not be governed by this article.

(Ord. No. 040-12, 12-6-12; Ord. No. 008-20, 1-7-20)

A fee in an amount set forth in the appendix of this ordinance shall be paid to Coweta County at the time a notice of appeal to the board of zoning appeals is filed in the community development department.

A property owner, with the consent of the board of commissioners, may voluntarily withdraw the application. Once the applicant has withdrawn their application they must reapply as a new application, beginning with the director.

In the event the applicant withdraws their application, the fee submitted shall not be refunded to the applicant. This is to ensure the costs associated with the processing of the application are utilized to compensate the county for the time, materials, and staffing used during the processing of the application.

(Ord. No. 008-20, 1-7-20)

Whenever the regulations of this ordinance impose more restrictive standards than are required in any other statute, the requirements of this ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this ordinance, the provisions of such statute shall govern.

Should any part of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the specific part so declared to be unconstitutional or invalid.

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed in their entirety.