Appeal concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by an officer or bureau of the governing body of the city affected by any decision of the zoning enforcement officer. The planning and zoning board shall hear all appeals, consider the appeals and make recommendations to the mayor and city council for final action.

Notice of appeal shall be made by a disappointed applicant no later than 30 calendar days from the date of decision of the zoning enforcement officer. Such appeal shall be filed with the zoning enforcement officer, who shall forthwith transmit to the planning and zoning board all papers constituting the record upon which the action appealed from was taken.

Publication of notice and procedure for hearing appeals shall be as provided in Section 1403 for notice and hearing on variance applications.

At the conclusion of the hearing before the planning and zoning board, the planning and zoning board shall make a formal recommendation supported by any reports or documentation as deemed appropriate by the planning and zoning board and such recommendation shall be transmitted to the mayor and city council for final decision on their next available agenda occurring not less than five days from the date upon which recommendation is made.

(Ord. No. 2009-06, § 21, 5-26-09)

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning enforcement officer from whom the appeal is taken certifies to the planning and zoning board after the notice of appeal is 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 other than by a restraining order which may be granted by the planning and zoning board or by a court of record on application, on notice to the zoning enforcement officer from whom the appeal is taken and on due cause shown.

In addition to their regular duties of reviewing subdivision plats and hearing rezoning amendments the planning and zoning board shall have the following powers and duties:

1.

Administrative review: To hear appeals from any order, requirement, decision or determination made by the zoning enforcement officer in the enforcement of this ordinance and to make recommendations as to final determination to the mayor and city council.

2.

Variances; conditions governing applications; procedures: To recommend upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. Variances are authorized only for height, area and size of a structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district. A variance from the terms of this ordinance shall not be recommended by the planning and zoning board unless and until:

a.

A written application for a variance is submitted demonstrating conclusively:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district;

(2)

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

(3)

That the special conditions and circumstances do not result from the actions of the applicant;

(4)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

b.

Applications for variance shall be filed with the office of city manager. In addition to demonstrating the need for variance as set out under subsection 2.a. of this section, each application shall be accompanied by an accurately drawn plat containing the following information:

(1)

All property lines with dimensions;

(2)

Location of buildings and other structures, creeks, easements referenced to the property line of the tract; variance required; and

(3)

North arrow, land district, land lot, etc.

c.

Upon receipt of a complete application for variance, accompanied by the applicable fee, the city manager, or his or her designee, shall schedule a public hearing by the planning and zoning board, notify the applicant of such date and give notice thereof by publication of written notice no less than thirty (30) [days] prior to the date of hearing in a newspaper of general circulation within the territorial boundaries of the city. The notice shall state the time and place of hearing as well as the purpose of the hearing, provide an address of the property and a summary of the relief sought. Notice of the hearing shall also be mailed at least thirty (30) days prior to the public hearing to the owner of the property that is the subject of the proposed action. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing. In addition to circulation of the above notices, the city shall post a sign, or several signs, if required, in the most conspicuous place or places, on the property affected. Each sign shall be no less than 12 square feet in area and shall contain information as to the relief requested and the date and time of hearing before the planning and zoning board.

d.

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

e.

The planning and zoning board shall make findings that the requirements of Section 1403 2.a. have been met by the applicant for a variance;

f.

The planning and zoning board shall further make a finding that the reasons set forth in the application justify the granting of the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;

g.

The planning and zoning board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

h.

The planning and zoning board shall make recommendation to the mayor and city council to approve or disapprove the variance request.

In granting any variance, the mayor and city council may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance.

Under no circumstances shall the mayor and city council grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

(Ord. No. 2009-06, §§ 22—24, 5-26-09; Ord. No. 2023-03, § 1, 6-27-23)

In exercising the above mentioned powers, the mayor and city council may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the zoning enforcement officer from whom the appeal is taken.

The concurring majority vote of the city council shall be necessary to reverse any order, requirement, decision, or determination of the zoning enforcement officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variation in the application of this ordinance.

If an application for an appeal, or variance is denied by the mayor and city council, a reapplication may not be made earlier than six months from the date of the original application.

(Ord. No. 94-07, § 1(I), 6-21-94; Ord. No. 99-13, § 1, 6-8-99)

1.

It is the intent of this ordinance that all questions of interpretation and enforcement shall first be presented to the zoning enforcement officer, and that such questions shall be presented to the planning and zoning board only on appeal from the decision of the zoning enforcement officer, and that recourse from the decisions of the mayor and city council shall be to the courts as provided by law.

2.

Any aggrieved party shall have thirty days from the date of written notification to file an appeal from the mayor and council's decision with the county superior court.

a.

Appeals of zoning decisions as defined by O.C.G.A. § 36-66-3(4) shall be appealed pursuant to O.C.G.A. § 36-66-5.1(a)(1) and shall be filed with county superior court within thirty (30) days of the date of the decision to be appealed.

b.

Appeals of quasi-judicial decisions as defined by O.C.GA. § 36-66-3(1.1) shall be appealed pursuant to O.C.G.A. § 36-66-5.1(a)(2) and shall be filed with the county superior court within thirty (30) days of the date of the decision to be appealed.

(Ord. No. 2023-03, § 2, 6-27-23)

The zoning enforcement officer shall have the power to grant administrative variances from the development standards of this ordinance, where, in his opinion, the intent of the ordinance can be achieved and equal performance obtained by granting a variance. The authority to grant such variances shall be limited to variance from the following requirements:

1.

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

2.

Side yard—Variance not to exceed two feet.

3.

Rear yard—Variance not to exceed four feet.

4.

Height of building—Variance not to exceed five feet.

(Ord. No. 2009-06, § 25, 5-26-09)

The city council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of occupancy, appeals, and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the zoning enforcement officer, and may be altered or amended only by the city council.

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

1.

In order to comply with O.C.G.A. § 36-66-5.1(c), the mayor or mayor pro tem are authorized to issue certiorari bonds and certificates of costs upon confirmation with city staff that such approvals are appropriate.

2.

For purposes of certiorari proceedings, the mayor or mayor pro tem are authorized to accept service on behalf of the respondent. The mayor is authorized to accept service of process on behalf of the city as the opposite party.

(Ord. No. 2023-03, § 3, 6-27-23)