§ 21.3. Powers and duties of the board of zoning appeals.

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

21.3.1.

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this chapter. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or agency of the City of Cartersville affected by any decision of the zoning administrator. Such appeal shall be taken within thirty (30) days of said decision by filing with the zoning administrator a written notice of appeal specifying the grounds thereof. Decisions on appeals shall be issued in writing within ten (10) business days of the hearing on the appeal.

21.3.2.

Continuance of a nonconforming use. The board of zoning appeals may allow a nonconforming use to be reestablished after discontinuance for twelve (12) consecutive months. The procedure for the request shall be the same as if it was a variance. If it is deemed by the board of zoning appeals that one (1) or more of the following apply, the board may grant said request.

A.

The design, construction, and character of the building is not suitable for uses permitted in the district in which the nonconforming use is situated; and

B.

Undue hardships to the property owner would result in not allowing the building to be reopened for a nonconforming use; and

C.

Adjacent property would not be unduly damaged by such use of the building; and

D.

The use is to be identical or similar to the prior nonconforming use of the building.

21.3.3.

Variances. The board of appeals has the power to hear requests for variances from the provisions of this chapter. Variance may be granted only if the board finds all of the following to exist:

A.

That one (1) of the following is true, through no action or fault of the property owner or predecessor:

1.

The property is exceptionally narrow, shallow or unusually shaped;

2.

The property contains exceptional topographic conditions;

3.

The property contains other extraordinary or exceptional conditions; or

4.

There are existing other extraordinary or exceptional circumstances; and

B.

That the strict application of the requirements of this chapter would result in practical difficulties to, or undue hardship upon, the owner of this property; and

C.

That the requested variance relief may be granted without substantially impairing the intent and purpose of this chapter.

Variance decisions shall be issued in writing within ten (10) business days of the hearing.

21.3.4.

Conditions. In granting a variance, the board of appeals may attach such conditions regarding the location, character and other features of the proposed building, structure, property, development standards or use as it may deem advisable so that the purpose of this chapter will be served, public safety and welfare secured and substantial justice done.

21.3.5.

Limitations on variances; improper variance requests. Variances cannot be given to totally remove a requirement or to exempt a property or applicant entirely from a requirement. If a variance is being sought that is, in the judgment of the zoning administrator, a request that would constitute a text amendment, then the application shall not be accepted. The applicant shall instead be directed to file for a text amendment. Furthermore, the board of appeals 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. A variance application shall not be accepted if the variance seeks something that cannot be varied. A variance application shall not be accepted if the variance is contradictory to the ordinance.

21.3.6.

Self-inflicted hardship. The board shall not grant variances when the hardship was created by the property owner or his predecessor, and shall not grant hardship variances based on shape or topography for lots of record not existing prior to November 7, 1996. Configuring a subdivision to create lots that are difficult to build is an example of a hardship created by the property owner or predecessor, that does not justify a variance.

21.3.7.

Place of worship. In compliance with federal law, if the variance is requested by a place of worship or church, in connection with the exercise of religion, the board shall additionally consider whether the regulation imposes a substantial burden on the exercise of religion, whether the regulation serves a compelling governmental interest, whether the denial is the least restrictive means to serve that interest, or whether the variance can be granted without harming that interest.

21.3.8.

Group homes. If the variance is related to a group home for persons with a disability, the board shall additionally consider what reasonable accommodations in this chapter can be made to provide persons with a disability equal opportunities to use and enjoy dwellings, while not abrogating the purposes of this chapter. Any reasonable accommodation should only relate to the disability.