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 the members of the city council.

(Ord. No. 101804, § 1, 10-18-2004)

The board shall elect one of its members as chairman, who shall serve for one year or until such member is reelected or a 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 enforcement officer and shall be a public record.

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

15.3-1.

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.

15.3-2.

Prohibited variances. 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. The board shall not be authorized to grant a variance, which would result in an increase of the impervious surface of a development beyond the prescribed 25 percent requirement established in section 10.6-5, Small water supply watershed, item b.

15.3-3.

Conditions for granting variances. 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 a 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 of Ellijay.

15.3-4.

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 enforcement officer or other administrative officials in the administration or enforcement of any provisions 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 enforcement officer with respect to this ordinance. Such appeal shall be made within ten days following notification of the decision appealed from, by filing with the enforcement officer a notice of appeal and specifying the grounds thereof. The enforcement officer 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 enforcement officer 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 option, 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, in conformity with this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and to that end shall have all the powers of the enforcement officer. The board may direct the issuance of a permit. It shall be the duty of the enforcement officer to carry out the decisions of the board.

15.3-5.

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

a.

Zoning district boundary interpretations as provided in section 5.3.

b.

Temporary use.

c.

Interpretation of uses not listed in table 6.3.

15.3-6.

Conditional uses. Certain uses are not generally allowed in a particular zoning district, or in any other zoning districts, because the special characteristics of such uses create impacts on surrounding areas. Such uses may be allowed under special conditions. The granting of a conditional use does not constitute a permanent change in zoning or use. The conditional use may be forfeited if it does not meet the criteria provided in the following section. Generally, a conditional use shall be compatible with the applicable zoning district under special conditions.

a.

Conditional use approval. Conditional uses shall be permitted subject to an approval by the Ellijay Zoning Board of Appeals according to procedures established in section 15.4. The required review shall determine whether the uses conform to the standards set forth in section 15.3-4b. To ameliorate the impact of a conditional use on surrounding property, no conditional use may be granted without special provisions for conditions, criteria, standards, and, or requirements, as to that particular use.

b.

Conditional use standards. A conditional use shall be approved if it meets all the following factors:

1)

A rezoning to a more intensive zoning district, which contains that use as a use by right, would not be appropriate for the property.

2)

The location and character of the conditional use shall be compatible with the community development pattern and consistent with the needs of the neighborhood.

3)

The conditional use will not be injurious to the use and enjoyment of the natural environment or of other property in the immediate vicinity, or diminish and impair property values within the surrounding neighborhood.

4)

The conditional use will not increase local or state expenditures in relation to the cost of servicing or maintaining neighboring properties.

15.3-7.

Restricted uses. Because of the special characteristics and impacts some uses of property create on surrounding areas, the board shall have the power to restrict any of the uses set forth in table 6.5 in a particular zoning district for certain pieces of property. The restriction of a use does not constitute a permanent change in zoning or use. Factors used to determine whether a use shall be restricted are as follows:

a.

The restricted use is incompatible with the community development pattern and inconsistent with the needs of the neighborhood.

b.

The restricted use will be injurious to the use and enjoyment of the natural environment or of other property in the immediate vicinity, or diminish and impair property values within the surrounding neighborhood.

c.

The restricted use will increases local or state expenditures in relation to the cost of servicing or maintaining neighboring properties.

(Ord. of 7-16-2001; Ord. No. 101804, § 2, 10-18-2004)

Within a reasonable time after receiving an application and before making a decision, the board shall hold a public hearing, then shall act on all requests for variances, appeals, special exceptions, and conditional uses.

15.4-1.

Applications. Application for a hearing and decision on requests for variances, appeals, special exceptions and conditional uses shall be filed with the enforcement officer on forms provided by the City of Ellijay at least 30 days prior to the meeting at which they are to be heard. Each application shall contain such information as the enforcement officer may require to enable the 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.

15.4-2.

Notice of hearing.

a.

At least 15 but not more than 45 days prior to the date set by the board of zoning appeals for the hearing, a written notice shall be published in a newspaper of general circulation in the City of Ellijay setting forth the time, place, and purpose of the hearing.

b.

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 enforcement officer 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 the hearing before the board, at least 15 days before the hearing. However, acts of vandalism or natural occurrences which limit the effectiveness of posting the property for public notice shall not void the proceedings or actions taken under this article.

15.4-3.

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.

The enforcement officer 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.

To defray a portion of the costs occasioned thereby, no appeal from the decision of the enforcement officer and no application for a special exception, variance, or conditional use shall be entered on the docket of, heard by, or ruled by the board until there has been paid to the office of the board by the appellant, an administrative fee, which fee shall be remitted to the Ellijay City Clerk. No fee shall be required for an interpretation of this ordinance when there is a variation 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.

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.

Any party aggrieved by a final judgment or decision of the board may within 30 days thereafter appeal therefrom to the superior court. The appellant shall furnish the board a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal, the board shall cause a transcript of the proceedings in the case to be certified to the court to which the appeal is taken and the case shall, in such court, be a new trial.