A board of zoning appeals is hereby established. Said board shall consist of three (3) member-appointed by the city commission. The appointment of members to the board zoning of appeals and the terms of the members of the board of zoning appeals shall be at the pleasure of the city commission.

11.2.1 The board of zoning appeals shall elect a chairman and a vice chairman from its members who shall serve for one year or until reelected or until their successors are elected. The board shall appoint a secretary, who may be a municipal officer, an employee of the city, or a member of the planning commission. The board may adopt rules and by-laws in accordance with the provisions of this appendix and the standards for zoning procedures, as amended, of the State of Georgia.

11.2.2 Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the vice chairman, may administer oaths and compel the attendance of witnesses by subpoena.

11.2.3 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 record 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.

11.2.4 All meetings of the board of zoning appeals shall be open to the public.

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

11.3.1 Administrative review: To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building official in the enforcement of this appendix.

11.3.2 Variances: To authorize upon application in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. (The existence of a nonconforming 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 zoning of appeals that all of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(2)

The application of this appendix to this particular piece of property would create an unnecessary hardship on the applicant;

(3)

Such conditions are peculiar to the particular piece of property involved; and

(4)

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

Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Trenton affected by any decision of the building official. Such appeal shall be taken within 60 days, by filing with the building official and with the board of appeals a written notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

11.4.1 The board of zoning appeals shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give at least 15 days public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon a hearing, any party may appear in person, or by agent or by attorney.

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

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

11.6.1 The concurring vote of two members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official, or to decide in favor of the applicant on any matter on which it required to pass under this appendix or to affect any variation of this appendix.

11.6.2 On all appeals, applications and other matters brought before the board zoning of appeals, said board shall inform, in writing, all the parties involved of it decisions and the reasons therefor. Recourse from decision by the board of zoning appeals shall be to court of competent jurisdiction in such matters.