A Board of Appeals is hereby established. Said Board shall consist of five members, appointed by the Mayor and City Council. The members shall serve for overlapping terms of three years or until succeeded. The initial individual appointment shall be two members for terms of one year, one member for two years, and two members for the regular term. None of the members shall hold any other public office or position, except that one member shall also be a member of the Planning Commission. Any vacancy in 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 Mayor and City Council upon written charges and after public hearing.

The Board shall elect its Chairman, Vice-Chairman, and Secretary, each of whom shall serve for one year, or until he is reelected, or his successor is elected. The Board shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence the Vice-Chairman, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the Board shall be open to the public.

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 examination and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record.

Appeals to the Board may be taken by any person aggrieved or by any officer, department, or Council of the City affected by any decision of the Building Official regarding this Chapter. Such appeal shall be taken within a reasonable time as provided by the rules of the Board of Appeals, by filing with the Building Inspector and with the Board a notice of appeal specifying the ground thereof. The Building Inspector shall transmit forthwith to the Board all papers constituting the record upon which the action appealed was taken.

The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice of at least thirty (30) days in the local newspaper, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(Ord. No. 99-10, § 2, 10-11-99; Ord. No. 23/03, § 2, 7-18-2023)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals after the notice shall have been filed with him that by reason of facts stated in the certificate of stay would, in his opinion, cause imminent peril of 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 Appeals or by a court of record on application, on notice to the Building Inspector and on due cause shown.

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

Administrative Review.

To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this Chapter.

Conditional Uses.

To hear and decide only such conditional uses as the Board of Appeals is specifically authorized to pass on by Article VI of this Chapter; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this Chapter; or to deny conditional uses when not in harmony with the purpose and intent of this Chapter.

A conditional use shall not be granted by the Board of Appeals unless and until:

a.

A written application for a conditional use is submitted indicating the section of this Chapter under which the conditional use is sought and stating the ground on which it is requested.

b.

Appropriate notice is given by mail to the owner of the property for which conditional use is sought or his attorney.

c.

The proposed use has been reviewed by the Planning Commission.

d.

The Board of Appeals shall make a finding that it is empowered under the section of this Chapter described in the application to grant the conditional use and that the granting of the conditional use will not adversely affect the public interest.

When acting upon such application for a conditional use, the Board of Appeals shall give consideration to the following factors, where applicable:

a.

The proposed design and location of the particular development.

b.

The possible traffic-generating characteristics of the proposed development.

c.

The effects the proposed development will have on the present or intended character of the area in which it proposes to locate.

d.

The availability of public utilities, facilities and services.

In granting the conditional use, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Chapter and punishable under Article VII of this Chapter.

Variances.

To authorize upon appeal in specific cases such variance from the terms of this Chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this Chapter shall be observed, public safety and welfare secured, and substantial justice done. A variance from the terms of this Chapter shall not be granted by the Board of Appeals unless and until:

a.

A written application for a variance is submitted demonstrating that:

(1)

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

(2)

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

(3)

Such conditions are peculiar to the particular land, building, or structure involved, and not applicable to any other existing situation in the same District;

(4)

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

(5)

A literal interpretation of this Chapter would deprive the applicant of any right that others in the same District are allowed;

(6)

The special circumstances are not a result of the action of the applicant;

(7)

Granting the variance requested will not confer upon the applicant any special privilege that is denied by this Chapter to other lands, structures, or buildings in this District;

(8)

The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structure.

b.

The Board shall make findings that the requirements set forth in this section have been met; that the reasons set forth in the application justify the granting of the variance; and that the granting of such variance is in harmony with the spirit of this Chapter and will not be injurious to the neighborhood.

In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this Chapter, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought be made, and to that end shall have all the powers of the Building Inspector.

The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any Building Inspector, or to decide in favor of the applicant on any matter upon which the Board is required to pass under this Chapter, or to effect any variation in this Chapter.

(Ord. of 4-8-91, § 1)

Any person or persons aggrieved by any decision of the Board of Appeals may seek review by a court of competent jurisdiction in the manner provided by the laws of the State of Georgia.