§ 17-72. Appeal.

Procedures for appeal of any decision or interpretation of this article by the zoning enforcement officer shall be as stated in the Cartersville Zoning Ordinance.

There shall be no deviation from the terms of this article unless the director of planning and development has approved a submitted alternative landscaping plan or a variance has been granted by the board of zoning appeals. Variances from the provisions of this article may be applied for and granted in the same procedural manner as variances from the Cartersville Zoning Ordinance. For a variance to be granted from this article, each of the following must be shown:

(1)

No characteristics contrary to the public interest will be promoted. No resulting variance shall create an effect or condition contrary to the public safety and welfare. Relief shall not impair the purposes of this article.

(2)

A unique hardship exists because of an extraordinary and exceptional condition(s) pertaining to the particular piece of property in question because of a characteristic of its size, shape, topography or like characteristic. In the absence of the factors listed in the preceding sentence, economic or financial hardship alone may not be sufficient to support the grant of a variance.

(3)

The condition causing the hardship is unique and is not common to the region in general.

Request for variances regarding any part of this article or enforcement thereof shall specifically include reasons why the application should be granted.

Decisions of the board of zoning appeals shall be final, subject to such legal remedies an aggrieved party may have. Any appeal from a decision of the board of zoning appeals must be filed within thirty (30) days of the decision.

(Ord. No. 43-09, § 1, 10-1-09)