290-10.01 The Zoning Board of Appeals is hereby established which shall be comprised of the Paulding County Zoning Board of Appeals.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023)

The Zoning Board of Appeals shall have the following powers and duties:

290-30.01

Appeal of administrative decision. To hear and make recommendations to the City Council on appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of Title 2, Title 4 or Title 5 of this UDO.

290-30.02

Variances to terms of Title 2 of this UDO. To make recommendations to the City Council upon appeal in specific cases such variance from the terms of Title 2, Title 4 or Title 5 of this UDO as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be recommended for granting in such individual case of unnecessary hardship upon a finding of the board of appeals that:

A.

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

B.

The application of Title 2 of this UDO 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 purpose and intent of this ordinance.

These standards shall be printed and copies thereof made available for distribution to the general public at the public hearing.

290-30.03

No variance shall be recommended for a use of land or building or structure that is prohibited by this ordinance.

290-30.04

In exercising the powers in this section conferred upon it, the Zoning Board of Appeals may recommend to the City Council the reversal or affirmation, wholly or partly, or recommend modification of the order, requirements, decision or determination appealed from; and may recommend the issuance of a permit.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023; Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)

290-40.01 Appeals to the Zoning Board of Appeals may be taken by any person aggrieved by any decision of the Zoning Administrator. Such appeal shall be made within 30 days of the decision of the Zoning Administrator by filing with the Community Development Department Planning and Zoning Division a written notice of appeal specifying the grounds thereof.

290-40.02 Applications for a variance must be filed on forms provided by the Community Development Department Planning and Zoning Division according to the schedule established by the Division. Applications shall be submitted and the following provided at the date of filing:

A.

A completed application form signed by the owner and the applicant.

B.

Specific numerical identification of the ordinance or regulation and subsection thereof for which the variance is being sought

C.

Warranty deed or other proof of ownership of the property and documentation by the tax commissioner that the ad valorem taxes levied against the property have been paid.

D.

A survey plat of the property (number of copies as specified by the Community Development Department Planning and Zoning Division) which demonstrates a true and accurate boundary of the property and illustrates the variance requested, prepared by a registered surveyor, drawn to scale, showing north arrow, land lot and district/section, the dimensions, acreage, and location of the tract. The preparer's seal shall be affixed to the plat. Indicate on the plat structures which are currently located on the property and depict the variance requested on the plat to scale.

E.

The names and mailing addresses of all adjoining property owners, including the owners across the road and to the rear.

F.

The filing fee as set by the Board of Commissioners.

G.

Such other additional information as may be requested by the Community Development Department Planning and Zoning Division in the procedures for the filing of applications.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023; Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)

Editor's note— Ord. No. 2023-05, § 1(Exh. A), adopted July 5, 2023, amended § 290-40, and in so doing changed the title of said section from appeals, hearings, and notice to read as set out herein.

290-50.01 Legal Notice. Before the Zoning Board of Appeals makes a recommendation on any appeal or variance, the Zoning Board of Appeals shall hold a Public Hearing thereon. At least 30 days, but not more than 45 days, prior to the date of the hearing, a notice of the hearing shall be published within a newspaper of general circulation within the county in which are carried the legal advertisements of the County. This notice shall state the time, date, place, and purpose of the hearing. The notice of hearing shall include:

A.

The name and address of the appealing party or variance applicant;

B.

Address and/or tax parcel number of the property for which the appeal or variance is sought;

C.

The present zoning classification of the property;

D.

The subject matter of the appeal or the nature of the variance requested; and

E.

The date, time, and place of the Public Hearing.

290-50.02 Appeal/Variance Sign(s) Posted. A sign shall be placed in a conspicuous location on the property not less than 30 days prior to the date of the hearing. The sign shall contain the heading "Appeal/Variance Notice" and shall contain the information set forth in Section 290-50.01. Such sign shall be visible from each public right-of-way fronting the property. The Zoning Administrator shall supply the sign to the appealing party or variance applicant for posting.

290-50.03 Notification Letters to Property Owners. The Planning and Zoning Division must notify in writing the owner of the property which is the subject of the appeal or variance application and all owners of property abutting any tract or lot for which an appeal or variance application has been filed in accordance with the list of owners provided by the appealing party or variance applicant. The notification letter shall shall contain the information set forth in Section 290-50.01. It shall be sent by first class mail with the United States Postal Service. Proof of delivery is not required. This notification is in addition to and not in lieu of, any other notice or publication required under this ordinance.

(Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)

Editor's note— Ord. No. 2023-05, § 1(Exh. A), adopted July 5, 2023, renumbered the former § 290-50 as § 290-60 and § 290-60 as § 290-70, and enacted a new § 290-50 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

290-60.01 In exercising its powers, the Board of Appeals may recommend to the City Council, in conformity with the provisions of Title 2 of this UDO, reversal or affirmation, wholly or partly, or modification of the order, requirements, decision, or determination, and may recommend the issuance of a building permit.

290-60.02 The vote of a majority of the Zoning Board of Appeals members present shall be necessary to make any recommendation to the City Council.

290-60.03 On all appeals, applications and other matters brought before the Board of Appeals, said Board shall inform the applicant of its recommendations and the reasons therefore.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023; Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)

Editor's note— See editor's note for § 290-50.

290-70.01 The public hearing shall be presided over by the Chairman of the Zoning Board of Appeals or another officer of the board in the absence of the Chairman. A secretary shall be present at all public hearings to take minutes.

290-70.02 The Chairman or any other board member shall review the following procedures that will be adhered to during the public hearing:

A.

Anyone in attendance at the public hearing wishing to speak on behalf or in opposition to appeals or applications that are on the agenda must be recognized and they will be asked to state their name and place of residence, and then to sign his or her name on a sheet provided by the staff.

B.

The person recognized to speak will be allowed to speak on any point relevant to the matter being considered. Applicants and opponents shall be given a maximum of 15 minutes for each side to present its case. Any groups which are present are encouraged to choose a spokesperson to present their views. The Chairman may request representatives of each side to speak for the entire group. If more than one speaker represents a group, the 15 minutes shall be divided among the various speakers. Speakers are encouraged to refrain from presenting information that has previously been stated by others. In no case, however, shall any group be allowed more than the allotted time no matter how many speakers represent the group unless extended by the Zoning Board of Appeals. A designated staff member will be responsible for keeping time.

C.

Proposals for each agenda item should be presented orally to the Board by applicant(s), and/or their representative, along with any documentation necessary to demonstrate the justification for such appeal or variance request.

D.

During and following the applicant's presentation, the Board may ask any pertinent questions of the applicant or their representative to aid in their understanding of the case. Questions and responses shall not be counted as part of the maximum 15-minute presentation time limit.

E.

After such presentation, and discussion with the applicant, the Chairman of the Board shall ask if there be anyone present in opposition to the granting of such request.

F.

Those appearing in opposition may offer oral evidence and any documentation to demonstrate their position.

G.

During and following the presentation of those in opposition to the application or proposal, the Zoning Board of Appeals may ask any pertinent questions of the opposition to aid in their understanding of the case. Questions and responses shall not be counted as part of the maximum 15-minute presentation time limit.

H.

No further public input will be allowed without consent of the Board.

I.

At the conclusion of the public hearing, the Chairman will call for a motion and oral vote on each case, and forward the recommendation to the City Council for a final decision.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023; Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)

Editor's note— See editor's note for § 290-50.

290-80.01 After receipt of the recommendation of the Zoning Board of Appeals, the City Council shall hold a public hearing in accordance with the Public Notification requirements of Section 290-50. The public hearing shall be conducted before the City Council in accordance with the Public Hearing procedures of Section 290-70.02 (A through I) wherein the Mayor shall serve as the presiding officer. By majority vote, the City Council may reverse or affirm, wholly or partly, or modify the order, requirements, decision, or determination, and may direct the issuance of a building permit.

290-80.02 Following the vote, the Mayor shall sign and date the final decision of the City Council which shall then be mailed to the applicant at the address listed in the application.

290-80.03 An action by the City Council to table the matter shall include a statement of the date and time of the next meeting at which the matter will be considered, which shall constitute public notice of the hearing on the matter and no further notice shall be required.

290-80.04 If the matter is denied, no reconsideration or re-application shall be allowed until 12 months have passed from the date of final decision by the City Council.

(Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)

Editor's note— Ord. No 2023-05, § 1(Exh. A), adopted July 5, 2023, renumbered the former § 290-70 as § 290-90 and § 290-80 as § 290-100, and enacted a new § 290-80 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

290-90.01 Appeals from the decision of the City Council (quasi-judicial) issued under this Ordinance shall be brought by way of a petition for review in the Superior Court of Paulding County in accordance with O.C.G.A. §§ 36-66-5.1(a)(2) and 5-3-5(a).

290-90.02 The City Manager shall have the authority to approve or issue any form or certificate necessary to perfect a petition for review from a decision of the City Council.

290-90.03 The City Clerk is authorized to accept service of a petition for review on behalf of the City Council during normal business hours at the office of the City Clerk.

290-90.04 In the event of the filing of a petition for review, and in accordance with the provisions of O.C.G.A. § 5-3-14, a transcript of the proceedings before the Zoning Board of Appeals and the City Council shall be prepared by a court reporter using the video/audio or audio recording of the proceedings. Upon completion of the transcript, and certification of the relevant portions by the Mayor, the transcript shall become part of the record of the lower a judicatory and forwarded to the reviewing court along with the remainder of the record.

290-90.05 Except as otherwise provided by law O.C.G.A. 5-13-16, the expense of preparing the transcript and other costs for preparing record shall be borne by the petitioner and shall be paid within 30 days after receiving notice of costs from the City Manager. Within five days of payment of such costs, the City Manager shall sign and issue to the petitioner a certificate of payment of costs.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023; Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)

Editor's note— See editor's note for § 290-80.

290-100.01 The Community Development Director, in conference with the Hiram City Manager, or their designee, shall have the power to grant variances (except for density and use variances) from the dimensional standards of Title 2 of this UDO where, in his or her opinion, the intent of Title 2 of the UDO can be achieved and equal performance obtained by granting a variance. The authority to grant such variances shall be limited to variances from the following requirements:

A.

Front yard or yard adjacent to public street—Variance not to exceed five feet.

B.

Side yard—Variance not to exceed three feet.

C.

Rear yard—Variance not to exceed five feet.

D.

Height—Variance not to equal or exceed ten feet, provided that no variance may result in an increase in the number of stories than would otherwise be allowed under the applicable zoning district.

E.

A reduction of the minimum number of required parking spaces up to a maximum of 10%.

F.

A reduction of the minimum distance to any property line for animal quarters (agricultural facilities, kennels, etc.) up to a maximum of 50 feet.

290-100.02 The Director shall not have the authority to grant any additional administrative variances after a variance has been recommended by the Zoning Board of Appeals, and subsequently approved by the Hiram City Council.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023; Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)

Editor's note— See editor's note for § 290-80.