§ 15.3. Powers and duties.

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

15.3-1.

Variances. The board shall hear and decide applications for variances from the development requirements of this ordinance, but only where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, which at the time of adoption of this ordinance, was a lot or plat of record; or where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property, the strict application of the said development requirements of this ordinance would result in practical difficulties to, or undue hardship upon the owner of such property. In granting a variance, the board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure, or use as it may deem advisable so that the purpose of this ordinance will be served.

15.3-2.

Prohibited variances. The board shall not be authorized to grant a density variance or a use variance to permit a use in a district in which the use is prohibited. The board shall not be authorized to grant a variance, which would result in an increase of the impervious surface of a development beyond the prescribed 25 percent requirement established in section 10.6-5, Small water supply watershed, item b.

15.3-3.

Conditions for granting variances. No variance shall be authorized unless the board finds that all of the following conditions exist:

a.

That the special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.

b.

That the granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

c.

That the condition from which relief of a variance is sought did not result from action by the applicant.

d.

That the authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, increase the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding areas or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the City of Ellijay.

15.3-4.

Appeals. The board shall hear and decide appeals where it is alleged by the appellant that there is an effort in any order requirement, development or building permit decision, determination or refusal made by the enforcement officer or other administrative officials in the administration or enforcement of any provisions of this ordinance. Such appeals shall be in accordance with the following:

a.

An appeal to the board of appeals may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or agency affected by any decision of the enforcement officer with respect to this ordinance. Such appeal shall be made within ten days following notification of the decision appealed from, by filing with the enforcement officer a notice of appeal and specifying the grounds thereof. The enforcement officer shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

b.

An appeal stays all legal proceedings in furtherance of the action appealed from unless the enforcement officer certifies to the board of appeals, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his option, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction.

c.

The appellant and any public agency or private individual shall be entitled to present evidence on matters before the board.

d.

The board may, in conformity with this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and to that end shall have all the powers of the enforcement officer. The board may direct the issuance of a permit. It shall be the duty of the enforcement officer to carry out the decisions of the board.

15.3-5.

Special exceptions. To hear and decide the following exceptions to the terms of this ordinance provided that such exceptions shall impose appropriate conditions and safeguards:

a.

Zoning district boundary interpretations as provided in section 5.3.

b.

Temporary use.

c.

Interpretation of uses not listed in table 6.3.

15.3-6.

Conditional uses. Certain uses are not generally allowed in a particular zoning district, or in any other zoning districts, because the special characteristics of such uses create impacts on surrounding areas. Such uses may be allowed under special conditions. The granting of a conditional use does not constitute a permanent change in zoning or use. The conditional use may be forfeited if it does not meet the criteria provided in the following section. Generally, a conditional use shall be compatible with the applicable zoning district under special conditions.

a.

Conditional use approval. Conditional uses shall be permitted subject to an approval by the Ellijay Zoning Board of Appeals according to procedures established in section 15.4. The required review shall determine whether the uses conform to the standards set forth in section 15.3-4b. To ameliorate the impact of a conditional use on surrounding property, no conditional use may be granted without special provisions for conditions, criteria, standards, and, or requirements, as to that particular use.

b.

Conditional use standards. A conditional use shall be approved if it meets all the following factors:

1)

A rezoning to a more intensive zoning district, which contains that use as a use by right, would not be appropriate for the property.

2)

The location and character of the conditional use shall be compatible with the community development pattern and consistent with the needs of the neighborhood.

3)

The conditional use will not be injurious to the use and enjoyment of the natural environment or of other property in the immediate vicinity, or diminish and impair property values within the surrounding neighborhood.

4)

The conditional use will not increase local or state expenditures in relation to the cost of servicing or maintaining neighboring properties.

15.3-7.

Restricted uses. Because of the special characteristics and impacts some uses of property create on surrounding areas, the board shall have the power to restrict any of the uses set forth in table 6.5 in a particular zoning district for certain pieces of property. The restriction of a use does not constitute a permanent change in zoning or use. Factors used to determine whether a use shall be restricted are as follows:

a.

The restricted use is incompatible with the community development pattern and inconsistent with the needs of the neighborhood.

b.

The restricted use will be injurious to the use and enjoyment of the natural environment or of other property in the immediate vicinity, or diminish and impair property values within the surrounding neighborhood.

c.

The restricted use will increases local or state expenditures in relation to the cost of servicing or maintaining neighboring properties.

(Ord. of 7-16-2001; Ord. No. 101804, § 2, 10-18-2004)