§ 58-80. Fulton County Board of Zoning Appeals.

(a)

The board of commissioners hereby creates a board of zoning appeals.

(b)

The Fulton County Board of Zoning Appeals (or as hereinafter may be called the board) shall consist of seven members appointed by the Board of Commissioners of Fulton County. The term of each member shall coincide with that of the district commissioner who appointed the member to serve on the board of zoning appeals. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the Board of Commissioners of Fulton County upon written charges and after public hearing. The members of the board shall be compensated as fixed by the Board of Commissioners of Fulton County. None of the members shall hold any other public office or position in Fulton County, except that one member may also be a member of the Fulton County Community Zoning Board.

(c)

The board of zoning appeals shall elect one of its members chairman, who shall serve for one year or until he is reelected or his successor is elected. The director of the department of zoning administration shall be the secretary of the board of zoning appeals. The board of appeals shall adopt rules in accordance with the provisions of this chapter. 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 acting chairman, may administer oaths. The board may 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 the board and shall be a public record.

(d)

Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of Fulton County affected by any decision of the administrative officer. An appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(e)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken 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 except by a restraining order which may be granted by the board of zoning appeals or by a court of competent jurisdiction on application, on notice to the officer from who the appeal is taken, and on due cause shown.

(f)

The board of zoning appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney.

(g)

The board of zoning appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any resolution effective pursuant to this section.

(2)

To hear and decide special exceptions to the terms of the zoning resolution and maps upon which the board is required to pass under such zoning resolution and maps.

(3)

To authorize upon appeal in specific cases any variance from the terms of the zoning resolution and maps as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning resolution and maps will, in an individual case, result in unnecessary hardship, so that the spirit of the resolution shall be observed, public safety and welfare secured, and substantial justice done. A variance may be granted in individual case of unnecessary hardship upon a finding by the board of zoning appeals that:

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 the resolution to this particular piece of property would create an 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 the resolution; however, no variance may be granted for a use of land or building or structure that is prohibited by the zoning resolution and maps; and

e.

In exercising the above powers, the board of zoning 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 officer from whom the appeal is taken and may issue or direct the issuance of a permit.

(Code 1983, § 28-1-25; 15-0148, Exh. A, 2-18-15)