§ 134-94. Powers.

(a)

The board of appeals shall have the power to:

(1)

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 this chapter. The person filing the appeal shall pay a filing fee to the Cobb County Zoning Division equal to $100.00.

(2)

Hear and decide special exceptions to the terms of this chapter upon which such board is required to pass under this chapter. The following chapters are the only chapters of this Code that the board of appeals may consider:

Chapter 134 - Zoning

Chapter 50-75(b)(15)

Chapter 110 - Subdivisions

Chapter 58 - Floods

Chapter 106, article III - Sidewalks

(3)

Authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of 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 this chapter to this particular piece of property would create an unnecessary hardship;

c.

Such conditions are peculiar to the particular piece of property involved; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter.

No variance may be granted for a use of land or building or structure that is prohibited by this chapter. No variance may be granted that would conflict with or alter a stipulation or condition imposed by the board of commissioners, except for setback variances which are less than 25 percent than the underlying requirement and do not alter the basic tenets of any site plan included and approved as a stipulation.

(4)

Make recommendations to the board of commissioners regarding variance applications requesting a reduction in road frontage or a reduction in lot size. Variance applications which are approved by the board of zoning appeals takes the form of a recommendation to the board of commissioners, who makes a final determination whether to grant the requested variance via a special exception (section 134-271). Community development staff shall place the item on the board of commissioners' next available hearing agenda as an agenda item, if a regular hearing, or other business item, if a zoning meeting, if the request is recommended for approval by the board of zoning appeals. The property shall be posted with other business zoning notices by the applicant 30 days prior to the board of commissioners' hearing. There will not be a fee associated with other business item, and the applicant does not have to mail out other business notification, as long as the notification/petition requirement was completed for the board of zoning appeals hearing.

(b)

In exercising the powers described in subsection (a) of this section, the board of appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, 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.

(Res. of 12-26-72, § X; Res. of 9-25-73; Ord. of 12-11-90, § 3-28-9.12A; Ord. of 12-9-03; Ord. of 2-27-07; Amd. of 2-26-13; Amd. of 3-11-14; Amd. of 7-28-15; Amd. of 2-23-16; Amd. of 3-22-16)