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Dalton City Zoning Code

APPENDIX D

BY-LAWS OF THE UNIFIED BOARD OF ZONING APPEALS

(a)

At its first meeting of each calendar year, the board shall elect a chair and a vice-chair from its members, each of whom shall serve for one year or until his or her successor is elected. The vice-chair shall preside at meetings in the absence of the chair.

(b)

The chair or, in his or her absence, the vice-chair or other member designated to conduct an official meeting, may administer oaths and compel the attendance of witnesses.

(c)

The board may adopt such by-laws, rules or procedures as are appropriate and not in conflict with the unified zoning ordinance.

(d)

A meeting of the board shall occur not more than 45 days from receipt by the board of a properly completed appeal request. Notice of the meeting date shall be provided to the individual appellant not later than 30 days prior to the meeting date by regular United States mail at the address shown upon the appeal request or by e-mail if an e-mail address is provided by an appellant.

(e)

A special called meeting of the board may be called by any member of the board or the zoning administrator upon not less than 48-hours' written notice to the other board members and to the zoning administrator, with a brief explanation of the purpose of the special called meeting. If a special called meeting involves an individual appellant and is called at the request of such appellant, such individual shall receive not less than 24-hours' written notice as well.

(f)

A quorum of at least three members of the board must be physically present to hear any appeal and to render a decision. A majority of the quorum present shall be entitled to take action either to grant a variance hereunder or to deny such a request, even if such majority of the quorum present does not constitute a majority of the entire membership of the board.

(g)

Voting on all matters shall be by voice or by show of hands, as determined by the chair.

(h)

The conduct of the meeting shall be governed by Robert's Rules of Order, or the latest revision thereof.

(i)

All meetings of the board shall comply fully with the Georgia Open Meetings Act and shall be open to the public.

(j)

All meetings of the board shall take place within Whitfield County, Georgia at a public location as may be designated by the chair.

(k)

All board members attending a meeting shall vote on each matter placed before it. A member may abstain from voting only in the instance of a conflict of interest, the nature of which must be stated for the record.

(l)

The zoning administrator or his or her designee shall serve as secretary to the board. The secretary shall cause minutes of the board's proceedings to be kept, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall cause records of the board's examinations and other official actions to be kept, all of which shall be of public record.

(Ord. No. 23-12, § 1, 6-19-2023)