The Planning and Zoning Commission is hereby established. Said Commission shall consist of seven (7) members appointed by the City Council for overlapping terms of four (4) years. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the Commission. None of the members shall hold any other public office or position in the municipality except that one member may also be a member of the Zoning Board of Appeals.

The Planning and Zoning Commission shall elect a Chairman and a Vice-Chairman from its members who shall serve for one year or until re-elected or until their successors are elected. The Commission shall appoint a secretary who may be a municipal officer or an employee of the City. The Board shall adopt rules and by-laws in accordance with the provisions of this ordinance and of the Georgia Constitution 1983, Article IX, Section 2, Paragraph 4.

The Chairman shall call meetings of the Commission, decide upon points of order and procedure, administer oaths, and request the appearances of witnesses. The Vice-Chairman shall, in the absence of the Chairman, administer the offices of the Chairman. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Commission and shall be a public record.

A fee of five hundred dollars ($500.00) shall be paid to the City of McRae-Helena City Hall to defray costs of newspaper advertising, sign and work involved sending letters to all surrounding property owners and Planning and Zoning Commission. The City Clerk will credit the fee to the general revenue fund of the City of McRae-Helena.

A sign goes up on the property that the owner wishes to change to another zone and that there will be a hearing. This sign must be posted at least 15 (fifteen) days and not more than 45 (forty-five) days. A hearing is scheduled before the Planning and Zoning Commission as soon as the 15 (fifteen) days are up. A notice is placed in the local newspaper with the date, time and place of meeting to hear arguments as to why this zoning change request should or should not be approved. Letters are sent to people with property close by this property so they can attend the meeting as well as the general public to express their concerns. Letters are also sent to the Planning and Zoning Commission members.

The Planning and Zoning Commission Board shall have the following powers and duties:

1.

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 ordinance.

2.

Variances. To authorize upon appeal in specific cases such variances from the terms of the ordinances 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 practical difficulty or unnecessary hardship, so the spirit of the ordinances shall be observed. Public safety and welfare secured, and substantial justice done. 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 a variance. A variance may be granted in an individual case of unnecessary hardship upon a finding by the Board of Zoning Appeals that all of the following conditions exist:

a.

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

b.

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

c.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located.

d.

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

e.

The special circumstances are not the result of the actions of the applicant.

f.

The variance requested in [is] the minimum variance that will make possible the legal use of the land, building or structure.

g.

The variance is not a request to permit a use of land, building, or structure which is not permitted by right in the district involved.

The Commission shall have all powers, duties and responsibilities as set forth under this title, city ordinance or resolution, and Georgia law, including but not limited to, the power to consider applications for rezoning a particular district within the corporate limits of the City and the power to make recommendations to the City Council concerning rezoning requests and ordinance amendments.

Except as otherwise authorized by law, all meetings of the Planning and Zoning Commission at which official action is taken shall be open to the public and all records of the Planning and Zoning Commission shall be public record.

Any person, firm or corporation aggrieved by any decision of the Planning and Zoning Commission may appeal that decision, within fifteen (15) days of the date of the written decision of the Planning and Zoning Commission. Failure to properly appeal the written decision of the Planning and Zoning Commission within this time period shall terminate any proceedings in which the Planning and Zoning Commission has jurisdiction, and the decision of the Planning and Zoning Commission shall be final, with the exception of zoning matters, since the Commission merely recommends to the City Council its position in certain zoning requests. The City Council has exclusive jurisdiction to take all final actions relating to the recommendations of the Planning and Zoning Commission affecting zoning pursuant to this chapter, applying all standards and procedures promulgated pursuant to this Code and any regulations adopted hereunder.

An appeal stays all proceedings in furtherance of the action appealed from. However, if the Building Inspector deems that peril of life and property is imminent in the case of an appeal, proceedings shall not be stayed.