The board of zoning appeals is hereby created to provide a mechanism for relief in an individual case where certain dimensional requirements of this code pose undue hardship. These regulations also provide for appeals from actions of the zoning administrator/building inspector in the administration, enforcement, and interpretation of this ordinance. The grant of authority and powers delegated by the governing authority is limited to the provisions herein and shall be sparingly used by the board of zoning appeals, also known herein as the board.

The Ringgold Planning Commission shall serve as the board of zoning appeals, an advisory body to the mayor and council, which shall make the final decisions on the matters of the board. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.

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 examinations and other official actions, all of which shall be immediately filed in the office of the zoning administrator and shall be a public record. All meetings of the board of zoning appeals shall be open to the public. The board may adjourn any public hearing or meeting in order to obtain additional information.

(Ord. No. 2014-0224, § 1, 2-24-14)

Matters before the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Ringgold affected by any decision of the zoning administrator/building inspector. Such matters shall be taken within 30 days of the decision or determination prompting the appeal, on forms provided by the zoning administrator/building inspector, specifying the grounds thereof. The zoning administrator/building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The application shall be accompanied by a site plan drawn to scale, showing the dimensions and arrangement of the proposed development. The zoning administrator/building inspector may require other drawings or materials essential to an understanding of the appealed matter and its relationship to the surrounding properties.

A fee, to be set periodically by the mayor and council, shall also be submitted with the application to cover the advertising costs.

(a)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning administrator/building inspector certifies to the board of zoning appeals after the notice of appeal shall have been 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 cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application, on notice to the zoning administrator/building inspector, and on due cause shown.

(b)

Public hearing. The board of zoning appeals shall fix a reasonable time for the public hearing of the appeal or other matter referred to it, and give at least 15 days' public notice of the time, place, and purpose, which shall be published in the newspaper of general circulation in the City of Ringgold, Georgia, and shall also be posted on the property affected. The advertisement shall further advise of the time, date, and location of the next mayor and council meeting where a final decision is expected. At the hearing, any party may appear in person or by agent, or by attorney, or both. Any action by the board tabling matters shall cause the mayor and council to take up such matters at their next available council meeting after receipt of a written recommendation from the board.

(Ord. No. 2014-0224, § 1, 2-24-14)

The board of appeals shall have the following powers and duties:

(a)

Administrative review. To hear and recommend appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building inspector/zoning administrator in the enforcement of this ordinance.

(b)

Special exceptions. To hear and recommend special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance.

(c)

Variances. To authorize 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 will in an individual case, result in practical difficulty or 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 recommended for approval in such individual case of unnecessary hardship upon a finding by the board of zoning appeals and/or mayor and council that all of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property that do not apply to other properties in the same vicinity or use district, and such conditions are not the result of the owner's or occupant's own actions. Such conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot.

(2)

The application of this ordinance to the particular piece of property would create an unnecessary hardship or practical difficulty that renders it difficult to carry out the provisions of this ordinance.

(3)

The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located, and the variance will be in harmony with the general purposes and intent of the provisions of this ordinance.

(4)

Relief, if granted, would be a minimum variance that will make possible the legal use of the land, building, or structure, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance nor can a variance be granted to increase the densities, by reducing lot sizes or allowing more dwelling units per lot, than established by the ordinance. [Applications for consideration of a use variance or density variance shall not be accepted.]

(d)

General standards. In consideration of all matters before it, the board or city council shall, and in addition to other standards in this ordinance, be guided by the following general standards:

(1)

The proposed use will be of such location, size, and character that it will in harmony with the appropriate and orderly development of the surrounding neighborhood.

(2)

The proposed use will of a nature that will make vehicular and pedestrian traffic no more hazardous than appears to be reasonable for the district involved, taking in to consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in residential districts.

(3)

The location, size, intensity, site layout and periods of operation of any such proposed use will be designed to eliminate any possible nuisance emanating there from which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

(4)

The location and height of buildings or structures and the location, nature and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(Ord. No. 2014-0224, § 1, 2-24-14)

In exercising the above powers, the board of zoning appeals may recommend and the mayor and council in their final action, in conformity with the provisions of this ordinance, may 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/building inspector and may issue or direct the issuance of a building permit.

The concurring vote of the majority of the membership of the board shall be necessary to recommend reversing any order, requirement, decision or determination of the zoning administrator/building inspector, 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.

Conditions. The board may recommend conditions and the mayor and council accept or modify such conditions necessary to accomplish the reasonable application of the general standards of section 8.3, as well as those in section 8.3(c). Further, performance bonds may be established to insure compliance of any requirement which may be deemed necessary for approving a variance.

Decisions of the board shall be rendered within 60 days of the public hearing unless the petitioner officially waives such period by requesting extension for cause or acknowledges that the extension is necessary to collect additional information relevant to the pending decision. The applicant shall be notified of the final decision of the mayor and council within 15 days in writing at the address provided in the application.

(Ord. No. 2014-0224, § 1, 2-24-14)

Should the applicant wish to appeal the mayor and council's decision, he/she must do so within 30 days of the decision by Writ of Certiorari directly to the Catoosa County Superior Court. There shall be no additional appeal to the Ringgold Mayor and Council or any other administrative body.

(Ord. No. 2014-0224, § 1, 2-24-14)