The unified board of zoning appeals for the City of Dalton, City of Varnell, and for Whitfield County is hereby created.

12-1-1

The membership of the board shall consist of five members.

12-1-2

The City of Dalton and Whitfield County shall appoint two members each, and the City of Varnell shall appoint one member. Each governing authority shall appoint members with overlapping terms. One member each from Whitfield County and the City of Dalton shall be appointed initially to a five-year term. One member each from Whitfield County and the City of Dalton shall be appointed initially to a four-year term. The City of Varnell member shall be appointed initially to a three-year term. Thereafter, each appointment shall be for a five-year term. If the City of Varnell shall fail to appoint its member within 60 days of notice of expiration of the term, then Whitfield County shall make such appointment for the applicable term.

12-1-3

A member of the board may be appointed to any number of consecutive or nonconsecutive terms by the applicable governing authority.

12-1-4

A member shall serve at the pleasure of the appointing governing authority and may be removed from the board by a majority vote of the governing authority that appointed the member in the event of absenteeism at three successive called meetings or for other reasons the governing authority may deem appropriate.

12-1-5

When a position becomes vacant before the end of a term, the governing authority that appointed the vacating member shall appoint a new member for the duration of the term remaining consistent with the original appointment.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024; Ord. No. 24-13, § 1.4, 5-6-2024)

The board shall have the following powers and duties:

12-2-1

To hear and to decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by any representative, officer, or agent of the applicable governing authority. Any such reversal shall be based upon reliable evidence adduced at the hearing, as provided for below, that such decision was erroneous under the facts as the board finds them to be and under the board's reasonable interpretation of the provisions of this ordinance;

12-2-2

To authorize, upon request in specific cases, such variance from the regulations or requirements of this ordinance, as the case may be, 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 such individual case, result in unnecessary hardship, so that the spirit of the ordinance shall be observed, public welfare and safety secured, and substantial justice done. In order to grant a variance from the requirements of this ordinance, the board must find that every one of the following conditions is met:

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

(c)

Such conditions are peculiar to the particular piece of property involved;

(d)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance, provided, however, that no variance may be granted for the use of land or building or structure which is prohibited by this ordinance or for an increase in the density allowed by this ordinance.

(e)

The applicant must provide either formal or informal written evidence that the intended use, if a variance were granted, would be allowed, either by the Whitfield County Health Department or Dalton Utilities, as applicable, with respect to wastewater treatment.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

Any person having a legal interest in affected property, or his or her attorney-in-fact, shall have standing to file an appeal or variance request to the board. The appeal or variance request shall be filed upon forms provided by the office of the zoning administrator. The office of the zoning administrator may charge a reasonable fee for the filing of such appeal or variance request, so as to defray the costs of advertisement and case preparation. Any such fee shall be paid with the filing of the notice of appeal or variance request.

12-3-1

The request for an appeal or variance shall be either hand delivered or mailed and must be received by the office of the zoning administrator on or before the 30th day following denial of a permit.

12-3-2

If the 30th day falls upon a Saturday, Sunday, or legal holiday, then the appeal or variance request shall be due on the next business day upon which the office of the zoning administrator is open to the public.

12-3-3

An appeal or variance request not received by the office of the zoning administrator on or before the 30th day following decision or determination shall be considered untimely and shall be automatically denied.

12-3-4

A timely filed appeal or variance request shall stay all legal proceedings in furtherance of the action from which the appeal is taken unless the zoning administrator or his/her agent shall certify by sworn affidavit, a copy of which shall be provided to the appellant, that a stay would cause imminent peril to life and/or property. In such circumstance, there shall be no stay unless ordered by any court of competent jurisdiction.

12-3-5

At least 30 days but not more than 45 days prior to the public hearing date, a written notice shall be published in a newspaper of general circulation within the territorial boundaries of the county, setting forth the time, place, and purpose of the hearing. In addition, a sign shall be placed in a conspicuous location upon the lot or parcel for which a variance is sought, setting forth the time, place, and purpose of the public hearing. Acts of vandalism or natural occurrences limiting the effectiveness of such notice shall not invalidate any proceeding or action taken upon the proposed variance.

12-3-6

The appellant may represent himself or herself before the board or may be represented by an attorney at law, a registered land surveyor, and/or other engineers or professionals, as he or she deems appropriate or helpful. The appellant may not be represented by a layperson unless such person shall be the appellant's attorney-in-fact.

12-3-7

The order of proceeding shall be as follows: An authorized representative of the office of the zoning administrator shall first present all of his or her reasons for the order, requirement, decision, or determination being appealed or requested for a variance. In presenting said reasons, such representative shall present all of the findings of fact and conclusions of law that form the bases for said decision. Then the individual appellant shall present his or her grounds for requesting a waiver or variance, calling witnesses if desired. Any member of the board may question any witness at any point during the proceeding. Following all witnesses, either side may present rebuttal testimony. At the conclusion of the evidence, the chair may give both sides an opportunity to summarize briefly if the chair shall deem it helpful.

12-3-8

Hearings before the board shall not be governed by the strict rules of evidence as in a court of law, though the chair shall be empowered to disallow any evidence or testimony deemed by him or her to be irrelevant, speculative, or otherwise inappropriate to the issues being heard. Any remark amounting to an attack upon the character or personal integrity of another individual or comment not actually supportable or comment in the form of an emotional outburst shall be non-germane to the purpose of the hearing and shall be ruled out of order by the chair. The chair shall have the authority to remove or censure any person who continues to make such comments or who is otherwise disruptive to the hearing process.

12-3-9

The deliberation and vote by the board must be made in open session, either upon motion and second at the meeting at which the appeal or variance request is presented or at any subsequent regular or special called meeting of the board. The board shall make a decision not later than either 35 days following the initial hearing upon any appeal or variance request or 90 days from the time the application for appeal or Variance is filed with the office of the zoning administrator or said request shall be deemed granted.

The appellant shall be notified in writing at the address provided in the appeal or variance request within 15 days of the decision of the board.

12-3-10

Any appellant seeking judicial review of any decision of the board shall proceed in accordance with section 11-14-1(b) appeals, hereinabove. There shall be no intermediate appeal to the applicable governing authority, or to any other administrative body.

12-3-11

Any appellant whose appeal or variance request shall be denied by the board shall be required to wait not less than six months before seeking an appeal or variance for the same real property and/or for the same or similar request. Such waiting period shall apply to any agent for appellant, co-owner with appellant, or successor in appellant's interest.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)