§ 12.6. Board of zoning appeals.

(a)

Procedures. An applicant whose permit application has been denied or a permittee who alleges that there is error in any order, requirement, decisions, or determination made by the building inspector/enforcement officer or any other administrative official in connection with the enforcement of this sign ordinance, may appeal the decision to the mayor and council of Ellijay, who serves as the zoning board of appeals as established by the Ellijay Zoning Ordinance. The board of zoning appeals shall consider an appeal at the next available legal meeting held after the city's receipt of the written application for appeal. If the appeal is not heard at the next meeting it shall be heard at the next regular meeting of the zoning board of appeals thereafter, but in any event no later than 45 days from the date the written notice of an appeal was filed with the building inspector/enforcement officer. The zoning board of appeals shall make a final decision not later than 30 days from the date of the hearing.

All decisions from the board of zoning appeals shall only be rendered after having provided legal notice in the local newspaper providing a minimum of 15 days notice of the public hearing where such appeal will be heard. Such notice shall indicate the decision appealed from or the variance that is requested with time, date, and place for the public hearing. Further, if such appeal or variance request affects a specific property then such property shall also be posted with a sign indicating the general purpose of the public hearing, the current zoning of the property, and providing the time, date and place for the conduct of the public hearing. More specific details regarding the notice and posting requirements for a public hearing can be found in Article 15 of the Ellijay Zoning Ordinance.

(b)

Appeals and variance powers. The duly appointed zoning board of appeals shall have the power to reverse or amend the decision of the building inspector/enforcement officer, and/or authorize a variance from the strict application of this article where such application will result in practical difficulties or unnecessary hardships to the person owning or having the beneficial use of the property or sign for which the variance is sought.

(c)

Application of the variance power. A variance may be allowed by the board of appeals only in cases involving practical difficulties or unnecessary hardships when the evidence in the official record of the appeal supports all the following affirmative findings:

(1)

That the alleged hardships or practical difficulties or both, are exceptional and peculiar to the property of the person requesting the variance, and result from conditions which do not exist generally throughout the city.

(2)

That the alleged hardships and practical difficulties, or both, which will result from a failure to grant the variance, include substantially more than mere inconvenience or the inability to attain a higher financial return, or both.

(3)

That allowing the variance will result in substantial justice being done:

a.

Considering the public benefits intended to be secured by this article;

b.

The individual hardships that will be suffered by a failure of the board to grant a variance; and

c.

The rights of others whose property would be affected by the allowance of the variance.

(4)

That the requested variance is the minimum variance necessary to allow the applicant to enjoy the rights commonly enjoyed by others similarly situated.

(5)

That granting of the variance would not violate more than one standard of this article and the exceptional circumstances are not the result of action by the applicant.

The above findings of fact shall be made by the board of appeals, which is not empowered to grant a variance without an affirmative finding of fact on the categories above. Every finding of fact shall be supported in the record of the proceedings of the board.

Nothing contained herein shall be construed to empower the board of zoning appeals to change the terms of this article or to add to the signs permitted in any district or to allow any signage that is otherwise prohibited by this article.

(d)

Appeals of decisions. Should the appellant wish to appeal the decision of the board of zoning appeals, the appellant must do so by writ of certiorari directly to the Gilmer County Superior Court. There shall be no intermediate or secondary appeal to the mayor and council or any other administrative body. An application for a writ of certiorari must be filed within 30 days of the applicant's receipt of the written decision of the board.

( Ord. of 3-17-2014, Art. VI )