290-10.01 The Zoning Board of Appeals is hereby established which shall consist of not more than five members who shall be appointed for a term of not more than one year each.

All proposed appointments to the Zoning Board of Appeals shall be subject to the nomination and confirmation process whereby recommendations for nominations shall be submitted to the Chairman of the Paulding County Board of Commissioners who shall present formal nomination to the Board of Commissioners for a vote and confirmation.

290-10.02 In making these nominations for the Paulding County Zoning Board of Appeals, the Chairman of the Paulding County Board of Commissioners shall seek proposed recommendations of members to make up the Paulding County Zoning Board of Appeals as follows:

The Chairman of the Paulding County Board of Commissioners shall recommend one member to serve on the Zoning Board of Appeals from the county at large and each of the four Post Commissioners shall recommend one member to serve on the Zoning Board of Appeals from each of the Post Commissioners respective electoral districts.

290-10.03 Each member so appointed shall serve a one-year term and until a successor shall be appointed to replace such member as provided herein. All nominees shall be residents of Paulding County, Georgia.

290-10.04 In the event any recommendation is not received or not nominated by the Chairman of the Board of Commissioners or not confirmed by the Board of Commissioners, the Chairman of the Board of Commissioners may make a substitute nomination of another resident of Paulding County subject to confirmation by the Board of Commissioners.

290-10.05 Members shall be paid as set forth by the Paulding County Board of Commissioners and may be reimbursed for approved expenses within amounts appropriated for the purpose by the governing authority. None of the members shall hold any other public office or position in the County except that the members may also be members of the Paulding County Planning Commission.

290-10.06 Any vacancy in the membership of the Zoning Board of Appeals shall be filled for the unexpired term in the same manner as the initial appointment. Members may be removed by the Paulding County Board of Commissioners.

290-10.07 Any member of the Zoning Board of Appeals shall be disqualified from acting upon a matter in which a member has an interest.

(Ord. 23-07, 6/13/23)

290-20.01 The Zoning Board of Appeals shall elect a Chairman and Vice-chairman from among its appointive members. The term of office of the Chairman and Vice-chairman shall be for one year or until re-elected or their successors are elected. The Zoning Board of Appeals shall appoint a secretary, who may be a county employee, or a member of the Zoning Board of Appeals. The Zoning Board of Appeals may adopt such rules and bylaws as they deem appropriate.

290-20.02 Meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at a time, place, and date as prescribed according to an established schedule. This schedule of meetings shall be posted and maintained in a conspicuous place accessible to the public outside of the regular meeting place of the board. The Chairman, or in his absence, the Vice-Chairman, may administer oaths and compel the attendance of witnesses by subpoena.

290-20.03 The Zoning Board of Appeals 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 examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

290-20.04 All meetings of the Zoning Board of Appeals shall be open to the public.

290-20.05 All meetings of the Zoning Board of Appeals shall be video/audio or audio recorded.

(Ord. 23-07, 6/13/23)

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

290-30.01 Appeal of administrative decision. To hear and decide 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 Granting of variances to terms of Title 2 of this UDO. To authorize 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 granted 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.

E.

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 granted 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 reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from; and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.

(Ord. 23-07, 6/13/23)

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. 23-07, 6/13/23)

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.

290-50.01 Legal Notice. Before the Zoning Board of Appeals takes action 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 including the specific numerical identification of the ordinance or regulation and subsection thereof for which the variance is being sought; 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, but not more than 45 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 of 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 an accordance with the list of owners provided by the appealing party or variance applicant. The notification letter 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 Chapter.

(Ord. 23-07, 6/13/23)

290-60.01 In exercising its powers, the Board of Appeals may, in conformity with the provisions of Title 2 of this UDO, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the Zoning Administrator and may issue or direct 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 reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to affect any variation of this ordinance.

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

(Ord. 23-07, 6/13/23)

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.

J.

Following the vote on a case, the Chairman shall sign and date the final decision of the Zoning Board of Appeals which shall then be mailed to the applicant at the address listed in the application.

(Ord. 23-07, 6/13/23)

290-80.01 Appeals from the decisions of the Zoning Board of Appeals (quasi-judicial) issued under this Chapter shall be brought by way of 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).

290-80.02 The Community Development Director shall have the authority to approve or issue any form of certificate necessary to perfect a petition for review from a decision of the Zoning Board of Appeals.

290-80.03 The County Clerk is authorized to accept service of a petition for review on behalf of the Zoning Board of Appeals during normal business hours at the offices of the Board of Commissioners.

290-80.04 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 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 Chairman of the Zoning Board of Appeals, the transcript shall become part of the record of the lower adjudicatory and forwarded to the reviewing court along with the remainder of the record.

290-80.05 Except as otherwise provided by law O.C.G.A. § 5-3-16, 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 Community Development Director. Within five days of payment of such costs, the Community Development Director shall sign and issue to the petitioner a certificate of payment of costs.

(Ord. 23-07, 6/13/23)