§ 21.4. Applications, hearing and notice.

21.4.1.

Applications. Applications for appeals or variances must be filed in accordance with the schedule set out by the zoning administrator. The contents of the application shall be determined by the zoning administrator. The filing requirements for information are mandatory unless the requirement is deleted by the zoning administrator. The zoning administrator shall forthwith transmit to the board all documents constituting the record upon which the action appealed from was taken. Variances may be sought by filing an application on forms provided by the zoning administrator. At a minimum, the application shall include the following:

A.

The subject property location.

B.

A legal survey plat showing the metes and bounds of the tract which metes the zoning district development standards and the access requirements of the City of Cartersville Development Regulations; with the exception as follows:

1.

If the variance is for a development standard for the property's then zoning district or access requirements of the City of Cartersville development regulations, then said variance shall be indicated on the survey as being requested for the variance being applied for.

C.

The zoning classification of the property.

D.

A brief description of the variance request.

E.

A plat drawn to scale showing all property lines with dimensions, location of buildings and other structures, north arrow, street numbers, lot and/or parcel number from the Bartow County tax sheet, locations of setback lines or other dimensional requirements from which the variance is sought.

F.

A list of all current owners of records for properties located immediately adjacent to or directly across a public street or railroad right-of-way from the subject property as indicated on the records of the Bartow County tax assessor's office as of January 1 of the year of the filing of the application.

G.

A letter of appeal stating the hardship or purpose of the appeal.

H.

The signature of the property owner, authorized representative and applicant.

I.

An initiating party shall also file any other information or supporting materials that are required by the board and/or zoning administrator.

21.4.2.

Published notice. Due notice of the public hearings pursuant to this article shall be published in the legal organ of Bartow County. Notice advertising the hearing on the appeal or variance and indicating date, time, place and purpose of the public hearing shall be published at least fifteen (15) days but not more than forty-five (45) days prior to the date of the hearing. The cost of the advertisement shall be borne by the applicant. For variances, the zoning administrator shall post, at least fifteen (15) days prior to the board of appeals' public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application number, date, time and place of the public hearing. The board may require the applicant to re-advertise at the applicant's expense or the board's expense, if a request is tabled.

21.4.3.

Letters to adjacent property owners. The applicant for said appeal or variance shall also give notice of the appeal or variance and the public hearing thereon to all property owners adjoining the property for which said appeal or variance is made or sought. Said notice shall be given to each adjoining property owner by first class mail, with proof of mailing obtained from the Post Office. Proof of mailing means either a first class "certificate of mailing" or a first class "certified mail" receipt; a proof of delivery is not required. Only owners reflected on the records of the tax assessors as of the January 1 of the year the application is filed shall be entitled to notice. In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded. Proof of mailing for each recipient shall be provided to the zoning administrator before the public hearing. Said notice must be mailed at least fifteen (15) days prior to the date of said scheduled public hearing. In the event a hearing is tabled, the applicant is required at their expense to resend notices of the new date and time for the hearing.

21.4.4.

Information in notice. The notice required herein to be published and to be served upon adjacent property owners shall contain the following information:

A.

Name and address of the applicant;

B.

Address and location of the property for which the appeal or variance is sought;

C.

Current zoning of the property for which the appeal or variance is sought;

D.

The variance requested or the subject matter of the appeal and the reason for the requested variance or the appeal; and

E.

The date, time and place of the public hearing on said requested appeal or variance.

F.

The application file number.

21.4.5.

Recording hearing. The applicant may arrange for and provide a certified court reporter to transcribe the hearing before the board of appeals, at the expense of the applicant. Upon an appeal of the decision of the board of appeals, said transcript shall be made part of the record for review.

21.4.6.

Fee. Along with the application, a nonrefundable application fee is to be submitted at the time the application is submitted, pursuant to the fee schedule as adopted by the City of Cartersville at section 17-86 of the Code of Ordinances, City of Cartersville, Georgia. A fee shall not be charged for applications initiated by the zoning staff, mayor and city council or planning commission.