A board of zoning appeals is hereby established to hear and decide appeals, grant conditional use permits, and authorize variances in the terms of this ordinance.

The board of zoning appeals shall consist of five (5) members appointed by the mayor and council. Members appointed to the board shall hold no other public office except that one may also be a member of the planning commission. The members shall serve for overlapping terms of four (4) years, except for the initial appointment of the board in which three (3) members shall be appointed for five-year terms of office. Board members may be appointed to succeed themselves.

Any vacancy for the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the appointing authority upon written charges and after public hearing.

The board shall hold an annual organizational meeting and shall elect a chairman and vice-chairman from among its members before proceeding to any other matters of business. The director shall be the secretary of the board, but shall have no vote. The board shall meet at the call of the chairman and at such other times as the board may determine. The board shall adopt its own rules of procedure. 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 director and shall be a public record. Newly appointed members shall be installed at the first regular meeting after their appointment.

Three (3) members of the board shall constitute a quorum. The members of the board shall regularly attend meetings and public hearings of the board and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.

The board of zoning appeals shall have the following powers:

10.051.

Interpretation. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative office in the enforcement of this ordinance. In reaching its decision, the board of zoning appeals shall establish firm guidelines for future administrative actions on similar or like matters.

10.052.

Conditional uses. To hear and decide upon those applications for a conditional use when the same is authorized under these regulations. In reaching its decision the board shall not grant the application if it finds:

a.

That the use is not specifically allowed as a conditional use under these regulations; or

b.

That the location of proposed activities and improvements are not clearly defined on the site plan filed by the applicant; or

c.

That the use will not be compatible with development on adjacent properties or will adversely effect traffic conditions, public utility facilities, or other matters pertaining to the public health, safety, and general welfare; or

d.

That the proposed use does not comply with the conditions specified under Article VII of this ordinance.

10.053.

Variances. To authorize upon application in specific cases such variance from the terms of the ordinance 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 an individual case, result in unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of zoning appeals that:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and

b.

The application of the ordinance to this particular piece of property would create an unnecessary hardship; and

c.

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

d.

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

In reviewing an application for variance, the burden of showing that the variance should be granted shall be the responsibility of the party applying for the variance. Any variance granted by the board shall terminate automatically when the use ceases to be in full compliance with any conditions imposed by the board, when the use is abandoned, or when the building permit has expired.

10.054.

Reversal power. In exercising the above powers, the board of zoning appeals may, in conformity with the provisions of this ordinance, 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 officer from whom the application is taken and may issue or direct the issuance of a permit.

10.055.

Administer oaths. The chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena.

The board of zoning appeals shall function according to the following procedures:

10.061.

Interpretation appeal or other appeal. After written denial of a building permit, or certificate of occupancy, a property owner may file an interpretation request or appeal with the board of zoning appeals. The request or appeal shall be on forms provided by the board and filed with the director.

10.062.

Stay of proceedings. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken 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 of zoning appeals or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

10.063.

Conditional use permit. An application requesting a conditional use of land or a structure shall be filed with the board of zoning appeals for review. The application shall be on forms provided by the board and shall be accompanied by a site plan of the lot drawn to an accurate scale and showing the proposed uses of land and buildings, parking and loading, building line setbacks, and such other information as may be required by the board.

10.064.

Public hearing. The board of zoning appeals shall hold a public hearing for each interpretation request, conditional use permit and variance application. Notice of the time, place, and purpose of the hearing shall be advertised at least thirty (30) days but not more than forty-five (45) days prior to the hearing in the official legal organ.

10.065.

Hearing procedures.

a.

Presiding officer. The presiding officer shall preside over the respective public hearing. In the case of the board of zoning appeals, the chairman of said commission shall preside, or in the absence of the chairman, the vice chairman or if neither is present to preside, another member of the commission shall be designated to preside.

b.

Opening of the public hearing. The presiding officer shall indicate that a public hearing has been called on one or more applications made pursuant to the Grovetown Zoning Ordinance or other requirements, and shall open the public hearing. Thereupon, the presiding officer shall call the first item and the board shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the board provided, however, that the presiding officer may at his or her discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, and when proceedings would be efficiently completed by combining the hearing and discussion on more than one scheduled matter.

c.

Report of staff. Upon opening the public hearing, the presiding officer shall recognize the city staff, who shall provide a summary of the application and present any recommendations or results of investigations. The staff shall with respect to each zoning proposal investigate and make an oral statement of the findings and provide an overview of the written staff report regarding each matter before the board. Any member of the hearing body upon recognition by the presiding officer may ask questions of the staff providing the report or recommendations.

Copies of the written staff recommendation shall be available on request to interested members of the public.

d.

Applicant. Following the report of the staff, the presiding officer shall recognize the applicant or his or her agent, spokesperson, or each of them, who shall present and explain the application. There shall be a minimum time period of ten (10) minutes per application at the public hearing for the applicant to present data, evidence, and opinions; the city shall not be obligated to provide the full ten-minute period to the applicant if he or she elects not to use that much time. Any member of the hearing body, upon recognition by the presiding officer, may ask questions of the applicant or agent of the applicant.

e.

Public. At the conclusion of the applicant's presentation, the presiding officer shall initiate the public comment portion of the public hearing. There shall be a minimum time period of ten (10) minutes per application during the public hearing for the proponents and ten (10) minutes per application during the public hearing for the opponents to present data, evidence, and opinions; the city shall not be obligated to provide the full ten-minute period to the proponents and opponents if they elect not to use that much time.

Prior to speaking, each speaker shall complete and submit a public comment card and upon speaking shall identify him or herself and state his or her current address. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his or her remarks only to the hearing body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure.

f.

Applicant's rebuttal. At the conclusion of public comment, or upon the expiration of time allotted for public comment, the applicant of his or her agent, or both, shall be allowed a short opportunity for rebuttal and final comment, and the time devoted to any rebuttal shall be counted toward the total ten (10) minutes allotted to the applicant under subsection (d) above. Any member of the hearing body, upon recognition by the presiding officer, may ask questions of the applicant, his or agent, or both.

g.

Close of hearing. After the above procedure has been completed, the presiding officer will indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and members of the public shall no longer address the hearing body in any way, including hand waving or motion for attention; provided, however, that at any time considered appropriate the presiding officer may permit board members to ask questions directly to the applicant, staff, or any speaker.

h.

Decision. After the public hearing is closed, the hearing body may either vote upon the application or may delay its vote to subsequent meeting provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held.

10.066.

Withdrawal of request, application, or appeal. Any request, application, or appeal may be withdrawn upon written notice to the board, but no appeal shall be withdrawn after posting of hearing notice and prior to board action thereon without formal consent of the board.

10.067.

Approvals. In the exercise of its approval, the board may improve conditions it may consider advisable and necessary in the furtherance of the general purposes of this ordinance. Such conditions may include, but are not limited to, the following:

a.

Planted or screen buffers to reduce adverse or potentially adverse effect on adjoining properties.

b.

The location, design, or limitation of street access ways, parking areas, and loading docks.

c.

The rearrangement of structures on the development site.

d.

Increases in maximum building height.

e.

Increases in the district requirements for lot size and building line setbacks, but not a reduction of these requirements.

f.

Limitations on the hours of business operation when it can be shown that proposed operational times would cause an adverse effect on adjoining, existing uses.

g.

Specified distances from existing residential, public, or institutional developments.

In no case, however, shall the board exempt any conditional use from meeting the minimum requirements specified in this ordinance.

Any person or persons severally or jointly aggrieved by any decision of the board of zoning appeals, may take an appeal (petition for review) to the Superior Court of Columbia County, Georgia. Said appeal to the superior court shall be conducted as specified in O.C.G.A. § 5-3-1 et seq. The appeal shall be filed within thirty (30) days from the date of the written decision of the board of zoning appeals, and upon failure to file said appeal within thirty (30) days the decision of the board of zoning appeals shall be final. Provided, however, that on appeal said case shall be subject to appellate review by the judge of the Superior Court of Columbia County without a jury.

The director shall have the authority to approve or issue any form or certificate necessary to perfect a petition for review of a decision of the board of zoning appeals. The director shall be authorized to accept service of an appeal from a decision of the board of zoning appeals. The director may be served with process during normal city business hours at the Planning and Community Development Department office building.