§ 97. Board of zoning appeals.

97.1.

Appointment. The Board of Zoning Appeals of the City of Pearson, Georgia, (hereinafter called the "Board"), is hereby established in accordance with the provisions of this ordinance. Said Board shall consist of five (5) members appointed by the commission of the City of Pearson. The members shall serve for overlapping terms of three (3) years or until succeeded or dismissed by the Mayor of the City of Pearson. No member shall hold any other office or position, except that one (1) member shall also be a member of the Planning Commission. Any vacancy in the membership shall be filled for the un-expired term in the same manner as the initial appointments. Members shall be removable for cause by the appointing authority upon written charges and after a public hearing. No compensation shall be paid to members of the Board except that each member receive up to $10.00 a month for expense.

97.2.

Authority. The Board shall have jurisdiction of certain matters arising in connection with the administration, enforcement or interpretation of this Ordinance, as herein provided.

97.3.

Procedure. The Board shall elect one of its members as Chairman, who shall serve for one (1) year, or until he or she is re-elected or their successor is elected. The Board shall appoint a secretary who may be an officer of the governing authority or of the Planning Commission. The Board shall adopt rules in accordance with the provisions of this ordinance.

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, acting Chairman, may administer oaths and compel the attendance of witness by subpoena. All meetings of the Board shall be open to the public. No member of the Board shall participate in a hearing when he has a pecuniary or special interest.

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 examination and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

97.4.

Powers & Duties. The Board shall have the following powers:

(a)

Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination of the Building Official in the enforcement of this Ordinance.

(b)

Special Exceptions. To hear and decide applications for special exceptions if specified In the Ordinance and for decision on any questions upon which the Board is authorized by this Ordinance to pass. When acting upon such application for Special Exceptions, the Board shall give consideration to the following factors, where applicable:

(1)

The proposed design and location of the particular development.

(2)

The possible traffic generating characteristics of the proposed developments.

(3)

The effects that the proposed development will have on the present or intended character or the area in which it proposes to locate.

(4)

The availability of public utilities, facilities and services. After such considerations, the Board shall take such actions or establish such reasonable conditions of approval, as will accomplish the intents and purposes of this Ordinance.

(c)

Variances. To authorize upon appeal in specific individual cases such variance from terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions for this Ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of the Ordinance shall be observed, public safety and welfare secured and substantial justice done.

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

The Application of this Ordinance to this particular piece of property would create an unnecessary hardship, and

Such Conditions are peculiar to the particular piece of property involved, and Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this Ordinance, and

The Special circumstances surrounding the request for a variance are not the result of acts by the applicant, and

The variance is not a request to permit a use of land, buildings or structures which is not permitted by right or by special exception in the district involved.

(1)

Use Variances Prohibited. No variance may be granted for use of land or premises.

(2)

Procedures for Requesting a Variance. Requests for a variance shall be filed in writing with the Building Official. Within ten (10) days after receiving a request for a variance the Building Official shall:

(a)

Send the request, with any comment he may deem necessary added thereto, to theSecretary of the Board.

(b)

Cause to have posted in a conspicuous place on the property, one (1) or more signs, each of which shall not be less than twelve (12) square feet in area, and each of which shall contain information as to the proposed change and the date and time of the public hearings before the Board.

Fees. The following fees shall be paid with application by check made out to the City of Pearson in the following amounts:

(a)

Administrative Review: $30.00

(b)

Special Exceptions: $50.00

(c)

Variance: $50.00