Forsyth County › Unified Development Code
Chapter 8 — Zoning and Application Procedures, Article 7 — APPEALS OF ADMINISTRATIVE DECISIONS
§ 8-7.1
Purpose and Intent.
It is the intent of this article to specify provisions for the filing and consideration of applications for appeals of administrative decisions.
§ 8-7.2
When Required.
Appeals to the Zoning Board of Appeals may be taken by any person aggrieved by any decision of the director or other official, including but not limited to the Directors of Engineering and Water and Sewer, in the administration or interpretation of this Code or other county ordinances granting jurisdiction of the Zoning Board of Appeals. Appeals of administrative decision applications shall be made within thirty (30) days of the date of the decision or action being appealed. The application shall be filed in accordance with the public hearing schedule adopted by the Zoning Board of Appeals, and the director shall schedule the matter to be heard on the next available hearing date.
(1)Stop Work Order. In order to preserve the status quo while the parties’ rights are being determined, the director shall have the authority to issue a stop work order if the appealed action or decision permits construction to commence or continue. Stop Work Orders shall comply with Chapter 5 and Chapter 22 of this Code. The director’s entitlement to issue a stop work order shall in no way place upon the director an affirmative obligation to do so. The decision of whether to issue a stop work order shall be in the sole discretion of the director.
§ 8-7.3
Application Requirements.
All applications for appeals of administrative decisions, as defined by this Code shall provide the information as specified in this section.
(A)Requirements for All Applications. All applications for appeals of administrative decisions shall provide the appropriate information as specified in sections 8-2.1 (A), (B) and (G) of this Chapter.
(1)Site Plan. All site plans submitted for appeals of administrative decisions shall be submitted in conformance with 8-2.1(E). For appeals of administrative decisions, the site plan is optional and should only be submitted if said site plan graphically helps to present the applicant’s case.
(B)Written Evaluation. The applicant for an appeal of administrative decision shall submit a written notice of appeal within thirty (30) days after the date of the action or decision complained of. The written notice of appeal shall set forth concisely the action or decision being appealed as well as the grounds upon which the appeal is based.
§ 8-7.4
Procedures.
All applications for appeals of administrative decisions shall comply with the following procedures.
(A)Application for Board Consideration. Applicants shall submit to the department an Application for Board consideration. The submittal shall be in conformance with the provisions set forth in Article II and this article. All applications determined complete by the department shall be subject to the following restrictions:
(1)Applicant Changes. No changes shall be allowed to any Application for Board consideration once it determined complete by the department.
(2)Public Hearing Sign. The applicant shall be required to place the Public Hearing Sign(s) on the subject property in accordance with section 8-3.3(C.1). The applicant shall be required to obtain the sign from the department in accordance with department procedures.
(3)Scheduling of Public Hearing. The department shall both advertise and schedule the application for a Public Hearing in accordance to the provisions and timelines in Article III, to include the notification requirements in section 8-3.3(B.1), (C.1) and (D)of this Chapter.
(4)Staff Report. County staff shall review each Application for Board consideration in its entirety, compile a Staff Report, and submit all necessary information to the Zoning Board of Appeals with sufficient time for board review prior to the Public Hearing.
(B)Public Hearing. All appeal of administrative decision applications shall receive a public hearing in accordance with the provisions as set forth in Article III of this Chapter.
(1)Applicant Initiated Postponement. The applicant for an appeal of administrative decision may request postponement of any public hearing for the application, and such postponement may be granted by the county, provided:
(a)Postponement is not requested more than one (1) time for any one application; and
(b)The total period of time requested for postponement does not exceed nine (9) months; and
(c)The applicant shall submit the postponement request to the department no later than three (3)
business days prior to the public hearing; and
(d)The applicant agrees to pay for the costs of readvertising the application for public hearing and agrees to post public notice signs on the property.
(2)Zoning Board of Appeals Initiated Postponement. The Zoning Board of Appeals ability to postpone applications shall be limited to situations in which the postponement will allow the respective board to obtain additional information from the applicant or allow the applicant and any opposition to negotiate.
(3)Zoning Board of Appeals Action on Appeals of Administrative Decisions. During the public hearing for an appeal of administrative decision, the Zoning Board of Appeals shall hear and consider all facts material to the appeal and render a decision. Following the completion of the public hearing on an appeal of administrative decision request, the Zoning Board of Appeals may affirm, reverse, or modify the action or decision appealed from, provided that the Zoning Board of Appeals shall not take any action which conflicts with or nullifies any of the provisions of this Code or any other county ordinances.
(C)Standards and Criteria. The standards and criteria governing the Zoning Board of Appeals review of an administrative decision shall be as set forth in section 6-3.1(C).
(D)Procedures for Hearing. Those in opposition and those in support of the administrative decision shall have no less than ten (10) minutes per side to advance their respective positions. Any additional time provided to one side shall be made equally available to the other. The Zoning Board of Appeals is authorized to issue further procedural guidelines for the conduct of hearings challenging administrative determinations so long as such guidelines are not inconsistent with this paragraph. Any procedural guidelines shall be available for distribution to the general public.
(E)Zoning Board of Appeals Decision. A Zoning Board of Appeals decision on appeals stays all legal proceedings in furtherance of the action appealed from, unless the director certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order by a court of record on application, on notice to the director, and on due cause shown.
(F)Application for Land Disturbance Permit or Building Permit. Appeal of administrative decision applications approved by the Zoning Board of Appeals are eligible to continue with the development process by applying for the appropriate land disturbance permit or building permit; provided however, that all subsequent submittals are in conformance with the approved board decision, all requirements identified in this Code, and other county, state, and federal requirements, as applicable.
Rebuilt from the published figure · verify at source (p. 89) ↗
Application for Board Consideration Staff review and public notice Review of Application Completeness Board of Zoning Board of Commissioners Public Hearing for variance of Appeals Public Hearing 4 or more lots or units
Table or figure — shown as printedverify at source ↗
Withdrawn Withdrawn Denied Without With (or affirmed Approved Prejudice Prejudice Administrative with/without
Decision) conditions Appeal of Appeal of Zoning Board Board of of Appeals Commission decision to decision Board of per UDC Commission section 8-10.1 within 10 days.
ARTICLE VIII, APPEAL OF ZONING BOARD OF APPEAL DECISIONS: