(a)

A board of zoning appeals is hereby established. Said board of appeals activity and authority shall be assigned to and operated by the mayor and council of Tallapoosa.

(Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

The mayor and council of the city in executing its duties as the board of zoning appeals for the City of Tallapoosa shall have full authority and discretion to exercise this authority as the mayor and council sees fit and necessary for the continued progress of the city.

(b)

Meetings of the board shall be held at the usual, regular monthly meeting of the mayor and council of the city.

(c)

The mayor and council shall keep minutes of its proceedings as the board of zoning appeals for the City of Tallapoosa, 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.

(d)

All meetings of the board of appeals shall be open to the public

(Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

The board of zoning appeals 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, requirement, decision, or determination made by the city manager or his designee in the enforcement of this chapter.

(2)

Variances. To authorize upon appeal in specific cases such variance from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. (The existence of a non-conforming use of neighboring land, buildings, or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance.) Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of 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 its size, shape, or topography.

b.

The application of this chapter to this particular piece of property would create unnecessary hardship.

c.

Such conditions are peculiar to the particular piece of property involved.

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this chapter.

PLEASE NOTE: Authorized administrative variances are exempt from this section. Please see section 106-217 for details.

(Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the city manager or his designee. Such appeal shall be taken within 30 days of the event or written notice which prompted said appeal, by filing with the city manager or his designee and with the board of appeals a written notice of appeal specifying the grounds thereof. The city manager or his designee shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(b)

Written notice shall be submitted upon a form provided by the department of planning. Said application form shall contain the following mandatory minimum information:

(1)

A completed application form signed by the owner and applicant.

(2)

A completed certificate of ownership provided by the department of planning and a warranty or other proof of ownership, if deemed necessary.

(3)

A survey of the property with nine total copies, prepared by a registered surveyor, drawn to scale depicting dimensions, acreage, and proposed location of structure(s) needing the variance, with proposed set backs depicted.

(4)

The names and mailing address of all adjoining property owners, including the owners directly across the road and all abutting property owners to the rear.

(5)

The filing fee as set by the mayor and council by resolution.

(c)

The board of appeals shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give at least 15 days, but not more than 45 days, public notice thereof in the same manner as prescribed in the zoning ordinance for public notice of rezoning requests, as well as direct notice by mail (such as by post card—certified mail not required), to all those listed in sub-section (4) above, as well as due notice to the parties in interest, and decide that same within a reasonable time. Upon a hearing, any party may appear in person, or by agent or by attorney.

(Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

An appeal stays legal proceedings in furtherance of the action appealed from, unless the city manager or his designee certifies to the board of 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 case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the city manager or his designee, and on due cause shown.

(Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

In exercising its powers, the board of appeals may, in conformity with the provisions of this chapter, 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 city manager and may issue or direct the issuance of a building permit.

(b)

The concurring vote of the majority of boardmembers present, provided that a quorum has been reached, shall be necessary to reverse any order, requirement, decision or determination of the planning coordinator or city manager or his/her designee, or to decide in favor of the applicant for a variance on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter.

(c)

On all appeals, applications and other matters brought before the board of appeals, the board shall inform, in writing, all the parties involved of its decisions and the reasons therefore. Recourse from a decision by the board of appeals shall be to a court of competent jurisdiction in such matters, within 30 days of the written decision being issued.

(Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)