11-1.1. Membership and Appointment. The Valdosta-Lowndes County Zoning Board of Appeals, hereinafter referred to as the Board, shall consist of seven members, all of whom shall be residents of Lowndes County, and one member shall also be an attorney who has been admitted to the Georgia Bar. The Lowndes County Board of Commissioners shall appoint three members from the County, and the Valdosta Mayor/Council shall appoint three members from the City. The attorney shall be appointed by both governing bodies jointly. None of the Board members shall hold any other public office or position in the City or County, except that two members may also be a member of the Planning Commission. Board members shall be removed for cause, upon written charges, and after public hearing. Any member of the Board shall be disqualified to act upon a matter before the Board with respect to property in which the member has an interest.

11-1.2. Term of Office. The term of office for each member of the Board shall be for three years; however, in the appointment of the first Board, two members shall be appointed for three years and two for two years and one for one year. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. If one appointee be [is] from the Planning Commission and he ceases to be a member of said Planning Commission during the term of his/her appointment to the Board, his/her membership on the Board shall terminate and the governing authority may name a member of said Planning Commission to fill the unexpired term of its original appointee.

11-1.3. 1997 Expansion. The term of office for members of the Board established by amendment in July 1997, shall be appointed for a term to end May 7, 1998. All appointments in this post thereafter shall be for a term of three years.

11-1.4. Compensation. The Board members shall receive no compensation for their service except that they will be reimbursed for out-of-pocket expenditures made in connection with their duties.

The Board shall elect one of its members as Chairman, who shall serve for one year or until he is re-elected or his/her successor is elected. The Board of Appeals shall appoint a Secretary who may be an officer of the City of Valdosta, or of the Planning Commission. The Board shall have authority to adopt rules of procedure. Meetings of the Board shall be held at the call of the Chairman, or in his/her absence, the acting Chairman. The Chairman, or the acting Chairman, may administer oaths and compel the attendance of witnesses by subpoena. 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 said Board and shall be a public record. The decisions of the Board shall be by resolution, which resolution shall contain a statement of the grounds of its decision or action. The full text of the resolution shall be sent to the appellant. No appeal requesting the same relief in regard to the same property shall be received or heard by the Board for a period of 12 months following the date of said resolution, except that this limitation shall not affect the right of said Board to grant a rehearing as provided in the rules of procedure adopted by said Board.

The Zoning Administrator shall provide such technical[,] administrative, and clerical assistance and office space as is required by the Board to carry out its function under the provisions of these regulations. All applications submitted for variances and appeals under the provisions of Section 11 will be forwarded to appropriate city agencies for review and comments. Appropriate agencies may be the Planning Director, City of Valdosta Attorney, Valdosta City Engineer, public works or public safety. If deemed necessary, these agencies can request input from other city departments.

11-4.1. Who May Appeal. Appeals to the Board may be taken by any person aggrieved or by an officer, department, board, or bureau of the governing authority affected by any decision of the Zoning Administrator. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

11-4.2. Legal Proceedings Stayed. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board 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/her opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.

11-4.3. Presentation of Evidence. The appellant, and any public agency or private individual shall be entitled to present evidence on matters before the Board and said Board may request technical service, advice, data or factual evidence from the Planning Commission and the governing authority for assistance in reaching decisions.

11-4.4. Extent of Board of Appeals' Power. The Board may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the Zoning Administrator. The Board may direct the issuance of a permit. It shall be the duty of the Zoning Administrator to carry out the decisions of the board.

11-5.1. Notice of Hearing Shall Be Given. Before making its decision on any appeal, request for a variance, or any other matter within the Board's purview, said Board shall hold a public hearing thereon. At least 15 days' notice of the time and place of such hearing shall be published for two consecutive issues of official legal organ of Lowndes County and notice of such meeting shall be sent by Zoning Administrator to the Planning Commission. At least 15 days notice of the time and place of such meeting shall be sent to the appellant or petitioner by US Mail to his/her last known address, and to the owners of all properties either adjoining the property with which the hearing is concerned or situated directly across a public right-of-way from said property. Such notice shall contain the name of the appellant or petitioner, the date, time, and place set for the hearing, and a brief statement of the nature of the hearing. In addition, the Zoning Administrator shall erect a sign on the subject property. Such sign shall be erected within ten feet of whatever boundary lines of such land abuts the most traveled road; and if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The sign shall contain the following information:

1.

Application number.

2.

Nature of request.

3.

Time, place and date of hearing.

11-5.2. Who May Appear. Any party may appear at the public hearing in person or by agent or attorney.

11-5.3. Time Limit on Board's Decision. The Board shall reach a decision following a public hearing within 30 days.

11-6.1. Appeals from Actions of the Zoning Administrator. The Board shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of these regulations.

11-6.2. Request for a Variance. The Board may authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done; provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this ordinance in the district in question. Such variance may be granted in an individual case upon a finding by the Board that the following exists:

a.

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

b.

The application of these regulations to this particular piece of property would create a practical difficulty or 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 purposes and intent of these regulations; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance; and

e.

A literal interpretation of this ordinance would deprive the applicant of any rights that others in the same district are allowed; and

f.

Provided that the Board of Appeals may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and provided that wherever the Board of Appeals shall find, in the case of any permit granted pursuant to the provisions of these regulations that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, said Board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

11-6.3. Continuance of Nonconforming Use. The Board of Appeals may allow a nonconforming use to be reestablished after discontinuance for 12 consecutive months where it is deemed by the Board of Appeals that:

a.

The design, construction, and character of the building is not suitable for uses permitted in a district in which nonconforming use is situated; and

b.

Undue hardships to the property owner would result in not allowing the building to be reopened for a nonconforming use; and

c.

Adjacent property would not be unduly damaged by such use of the building; and

d.

The use is to be identical or similar to the prior nonconforming use of the building.

Appeals shall be made on forms provided by the Zoning Administrator, and all information required on said forms shall be provided by the appellant. Forms shall be filed with the Board, and the appellant shall pay the Board for expenses incidental to the appeal. No form shall be accepted by the Board unless it contains all pertinent information and [is] accompanied by a fee necessary to defray expenses. The fee covers all advertising and administrative costs.