This article establishes the process for consideration of minor deviations, that is, variances from the standards of the ordinance as well as appeals of decisions of the code enforcement officer or other official of the city in administration of this chapter.

(Ord. No. 05-08, § 2(11.1), 8-15-2005)

The mayor and council shall have the authority to grant variances from certain provisions of this chapter and to decide appeals from a decision of the code enforcement officer or other official of the city. The city clerk shall serve as secretary to the mayor and council. The secretary shall keep minutes of council proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. A written record of all transactions, actions, examinations, votes, abstinences and absences of council members and those who appear before the mayor and council shall be maintained by the city clerk and shall be a public record.

The mayor and council shall adopt rules and regulations for the conduct of public hearings in accordance with the provisions of this article, consistent with state laws and the city code and appropriate to the responsibilities of the mayor and council, including enforcement of the provisions of this chapter. Said rules and regulations shall operate uniformly in all cases.

(Ord. No. 05-08, § 2(11.2), 8-15-2005)

mayor and council shall have the following powers:

(1)

Hear and decide appeals from the decision of the code enforcement officer where an error in any order, interpretation, requirement, decision or determination in the enforcement of this chapter is alleged. The mayor and council may, in compliance with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination which has been appealed and shall have the authority of code enforcement officer to implement decisions of the mayor and council.

(2)

Grant variances from the standards of this chapter in instances in which strict application of such standards would result in unnecessary hardship. Such minor deviations from the standards must be in harmony with the spirit and intent of this chapter. All such variances must be based upon evidence submitted before the mayor and council and upon findings, supported by the testimony or by documentary testimony, that such variance shall be required in the following instances:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

b.

The property subject to the variance possesses one or more unique characteristics generally not applicable to similarly situated properties.

c.

A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.

d.

The grant of the variance will not grant a special privilege to the property owner.

e.

The applicant can demonstrate that without a variance there can be no reasonable use of the property.

f.

The grant of the variance is not based solely on economic reasons, nor is the need for the variance the result of actions of the applicant.

g.

The variance is the minimum necessary to allow reasonable use of the property.

h.

The grant of the variance will not be injurious to the public health, safety or welfare.

i.

The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare.

(Ord. No. 05-08, § 2(11.3), 8-15-2005)

Applications for a public hearing and decision on variances and administrative appeals shall be filed with the city clerk on forms provided by the city a minimum of 30 days prior to the hearing at which such applications will be heard. Each application shall contain such information as the city clerk may require sufficient to enable mayor and council to render a decision. No submitted application may be amended following public notice of the application; however, mayor and council may allow such application to be amended during the public hearing.

An appeal to mayor and council may be brought by any person having a substantial interest in any decision of the code enforcement officer or by any officer, department, board or agency of the city affected by any decision of the code enforcement officer pursuant to enforcement of this chapter. Such appeal shall be filed within ten business days following notice of the decision being appealed by filing a written notice of appeal with the code enforcement officer and specifying the grounds, thereof. The code enforcement officer shall forthwith transmit to the secretary of the mayor and council all the documents related to the decision being appealed.

A property owner shall not initiate an appeal affecting a decision of the code enforcement officer within 12 months following a determination by mayor and council. An application for a variance affecting the same property shall not be accepted by the city more than once every 12 months; however, an applicant may petition mayor and council to waive such waiting period by demonstrating that the situation or amount of variance requested which led to denial have materially changed or the request is materially different.

A property owner, with the consent of mayor and council, may voluntarily withdraw such owner's appeal once prior to the time such appeal is acted upon by the mayor and council.

Any applicant to whom a variance is granted shall be given written notice specifying any variances granted.

(1)

Approved variances shall expire 12 months following the date of the hearing at which such approval was granted unless a building permit is obtained and development or construction initiated.

(2)

Variances granted by mayor and council shall remain in effect only as long as the property to which such variance applies remains in the same zoning classification such property was in at the time the variance was granted.

(3)

Variances may not be granted by mayor and council conditioned upon city council approval of an application to amend this chapter or the official zoning map.

(4)

Every judgment of the mayor and council granting a variance or appeal shall be accompanied by a finding of fact specifying the reasons thereof. In granting any variance under the provisions of this section, the mayor and council may assign such conditions to the approval as will, in its opinion, substantially secure the purposes of this chapter. The mayor and council may designate conditions to be performed or met by the user or property owner, to protect the public health, safety, comfort, convenience, and general welfare of the community, including safeguards for the future development of Jonesboro, with respect to light, air, population density and conformance with the adopted comprehensive plan.

(5)

The existence of a nonconforming use of neighboring land, buildings or structures in the same or in other districts shall not constitute a reason for approval of a variance.

(6)

No variance may permit a use of land, buildings or structures not permitted by right in the district involved.

A copy of the paid in full tax bill or a letter from the city certifying that all taxes have been paid must accompany an application for a variance.

(Ord. No. 05-08, § 2(11.4), 8-15-2005)

Variances or appeals shall be considered at a public hearing for the purpose of accepting findings concerning individual applications. Such hearings shall be held only after substantial compliance with all required public notification of the hearing as set forth in this article.

The mayor and council shall render a determination with respect to the appeal or application within a period of 60 days from the date said appeal or application is filed. Any party may appear at the hearing in person, or by agent or represented by an attorney-at-law.

All hearings of the mayor and council shall be open to the public.

The mayor and council shall conduct hearings or convene a meeting for other business at such times as established by or at the call of mayor and council.

(Ord. No. 05-08, § 2(11.5), 8-15-2005)

The mayor and council shall fix a reasonable time for hearing an appeal or for any application for variance filed pursuant to this article. The code enforcement officer shall post in a conspicuous location on the affected property one or more signs, each of which shall be a minimum of three square feet and contain the time, date, location and purpose of the public hearing and such other information as the code enforcement officer deems appropriate. Such notice shall be provided a minimum of 15 days prior to the date of the hearing. The city clerk shall publish a legal notice in a newspaper of general circulation in the city a minimum of 15 days, but not more than 45 days prior to the public hearing stating the time, date, location and purpose of the public hearing.

(Ord. No. 05-08, § 2(11.6), 8-15-2005)

A majority vote of the mayor and council shall be necessary to reverse any order, requirement, decision or determination of the code enforcement officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation of this chapter.

(Ord. No. 05-08, § 2(11.7), 8-15-2005)

Any person jointly or severally aggrieved by any zoning decision of the mayor and council may, within 30 days after the filing of the decision in the office of the code enforcement officer, but not thereafter, seek review of such decision by a court of record, via direct appeal as specified by law. The city clerk shall have authority to accept service and upon whom service of an appeal of a zoning decision may be affected or accepted on behalf of the city, during normal business hours, at the regular offices of the city clerk.

(Ord. No. 05-08, § 2(11.8), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

Editor's note— Ord. No. 2023-006, § 1(Exh. A), adopted July 10, 2023, amended the title of § 86-348 to read as herein set out. The former § 86-348 title pertained to appeals from decisions.

Any person jointly or severally aggrieved by any quasi-judicial decision by an officer, board, commission, or agency may seek review of such decision by a court of record, via petition for review as specified by law. The zoning administrator shall have authority to accept service and upon whom service of an appeal of a quasi-judicial decision may be affected or accepted on behalf of the city, during normal business hours, at the regular offices of the zoning administrator.

(Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

An appeal shall stay all proceedings in furtherance of the action or decision being appealed. However, should the code enforcement officer certify to the mayor and council for zoning decisions or quasi-judicial body for quasi-judicial decisions that peril to life or property is imminent in the case of an appeal, such proceedings shall not be stayed. In such case, proceedings shall not be stayed subject to the requirements of O.C.G.A. § 36-66-5.1(d).

(Ord. No. 05-08, § 2(11.9), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

The mayor and council shall adopt rules for its own administration and procedures, including, but not limited to, conflict of interest rules, to ensure that no member is entitled to rule on or adjudicate a matter in which he has a direct or indirect interest.

(Ord. No. 05-08, § 2(11.10), 8-15-2005)