The board of commissioners is hereby established as the board of appeals. The board of commissioners shall perform all of its duties and exercise all of its powers in such a way that the purpose and intent of the zoning regulations shall be: (1) accomplished, (2) public health, safety and welfare secured, and (3) substantial justice done.

(Ord. No. 2024-17, 7-23-2024)

The board of commissioners shall serve as the board of appeals.

(Ord. No. 2024-17, 7-23-2024)

The board of commissioners shall meet at least one time each month at the call of the chairman unless there is no business to consider, or at such other times as the board of commissioners may determine, unless no business is scheduled, and all such meetings shall be open to the public. Meetings of the board of commissioners may be conducted on the same calendar day as a regular meeting of the board of commissioners. However, such meeting shall take place separate from such regular meeting and shall be adjourned or convened before or after such regular meeting. The board shall adopt rules for the transaction of business, or in lieu of such rules, the board shall follow "Robert's Rules of Order", latest edition or the procedural rules suggested by the Association of County Commissioners of Georgia. The board shall keep record of its findings, proceedings and official determinations, which shall be kept separate from minutes of any other meetings of the board of commissioners. These records shall: (1) show the vote of each member on each question, or if absent or failing to vote, indicating such fact, and (2) be public record for purchase by interested parties at a reasonable cost.

(Ord. No. 2024-17, 7-23-2024)

The board shall have the power to subpoena and require the attendance of witness, administer oaths, compel testimony and the production of books, papers, files and other evidences pertinent to the matter before it. On all appeals, applications and matters before the board shall inform in writing all parties involved in its decision.

(Ord. No. 2024-17, 7-23-2024)

The board is empowered to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the planning director or building official, in the interpretation or enforcement of these land use protection regulations.

The board is empowered to hear an appeal made by any person, firm or corporation, or by any officer, department, board or bureau affected by any decisions of the planning director, building official or other employee based on these land use protection regulations.

Such appeal shall be taken within 60 days or as provided by the rules of the board, by filing with the planning director notice of appeal specifying the grounds thereof. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the board of commissioners.

The board shall select a reasonable time and place for the hearing of the appeal and give at least 15 days of public notice thereof and due notice to the parties in interest and shall render a decision on the appeal within a reasonable time.

The hearing procedures shall be governed by the provisions of chapter 3 of the Code of Stephens County, Georgia. A copy of which can be obtained from the clerk of the board of commissioners or online at www.municode.com.

(Ord. No. 2024-17, 7-23-2024)

The board of commissioners shall have original jurisdiction to, upon application, determine the location of a particular district boundary in question as specified in section 59-302 of this chapter after the initial determination by the planning director if the planning director's decision is appealed.

(Ord. No. 2024-17, 7-23-2024)

The board of commissioners is hereby empowered to authorize upon application in specific cases such variance from the term of this resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this 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. This existence of a nonconforming use of neighboring land, buildings or structures in the same land use district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application in accordance with article XVI upon specific findings that all of the following conditions exist. The absence of any one of the conditions shall be grounds for denial of the application for variance.

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structure in the same district; and

(2)

A literal interpretation of the provisions of these land use protection regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located; and

(3)

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; and

(4)

Relief, if granted, will be in harmony with the purpose and intent of this resolution and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value; and

a.

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

b.

The variance requested is the minimum variance that will make possible the legal use of the land, building or structure; and

c.

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

Applications for variances shall require review and recommendation by the planning commission.

(Ord. No. 2024-17, 7-23-2024)

In exercising the powers to grant appeals and approve variances, the board may attach conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of this chapter.

In exercising its powers, the board of commissioners may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all of the powers of the administrative officer and building official and may issue or direct the issuance of a permit.

No order of the board permitting the erection or alteration of a building or other variance shall be valid for a period of longer six months unless such use is established within such period; provided, however that such order by the board shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

(Ord. No. 2024-17, 7-23-2024)

Applications for variance shall be made in accordance with all applicable provisions of article XVI.

(Ord. No. 2024-17, 7-23-2024)