Forsyth County › Unified Development Code
Chapter 8 — Zoning and Application Procedures, Article 8 — APPEAL OF ZONING BOARD OF APPEAL DECISIONS
§ 8-8.1
Purpose and Intent.
It is the intent of this article to specify provisions for the filing and consideration of applications for appeals of Zoning Board of Appeal decisions.
§ 8-8.2
When Required.
(A)Appeals of Zoning Board of Appeal decisions may be taken by any person aggrieved by any decision of the Zoning Board of Appeal.
(B)Appeal of decisions of the Zoning Board of Appeal with respect to appeals of administrative decisions pursuant to Article VII of this Chapter shall be by petition for review, O.C.G.A 5-3-7, et. Seq.
(C)The appeal of decisions of the Zoning Board of Appeal with respect to variances and all other matters for which the Zoning Board of Appeal is vested with jurisdiction shall be by appeal to the Board of Commissioners, which appeal shall be filed within ten (10) days of the date of the public hearing in which the decision was rendered. The person or entity bringing an appeal under this subparagraph shall be considered the applicant. The application shall be filed in accordance with the requirements and procedures described in sections 8-8.3 and 8-8.4 as well as the public hearing schedule adopted by the Board of Commissioners, and the Director shall schedule the matter to be heard on the next available hearing date following compliance with sections 8-3.3(B.1), (C.1) and (D).
§ 8-8.3
Application Requirements.
All applications for an appeal of Zoning Board of Appeal decisions which have a right of appeal to the Board of Commissioners shall provide information as specified in this section.
(A)Requirements for All Applications. All applications for appeals of Zoning Board of Appeals decisions shall provide the appropriate information as specified in sections 8-2.1 (A), (B) and (G) of this Chapter.
(B)Written Evaluation. The applicant shall submit a petition in writing, justifying why said appeal is requested and should be granted. The director shall thereupon assemble the record in the case and submit the same to the Board of Commissioners within fifteen (15) days of service upon the director. The applicant shall set forth clearly and concisely the reasons why the Board of Commissioners should review the decision, including therein any error, procedural or substantive, allegedly committed by the Zoning Board of Appeals.
§ 8-8.4
Procedures.
All applications for an appeal of Zoning Board of Appeal decisions which have a right of appeal to the Board of Commissioners 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 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 Board of Commissioners with sufficient time for Board review prior to the Public Hearing.
(B)Petition for Public Hearing. The Board of Commissioners shall review the Application and the record in the case, within thirty (30) days of the receipt of the Application, and determine whether to grant review. In determining whether to grant review, the Board of Commissioners shall consider the Application, the record of the case, and the decision of the Zoning Board of Appeals. Upon the grant of a review by the Board of Commissioners, the director shall schedule the matter for the next available public hearing. The petitioner before the Zoning Board of Appeals and the applicant shall be notified of the time and place when the hearing in the case will be held.
(1)General Considerations for Board of Commissioners Decision to Review. A review shall be granted only in those cases in which the Board of Commissioners makes a preliminary finding that:
(a)A procedural or substantive error which has materially prejudiced the rights of the petitioner before the Zoning Board of Appeals, or undue hardship of a personal or financial nature upon the petitioner before the Zoning Board of Appeals by reason of the denial of the application by the Zoning Board of Appeals, such hardship not being occasioned by a negligent or willful act on the part of the petitioner or attributable to him; or
(b)Substantial costs laid upon the petitioner before the Zoning Board of Appeals, by reason of the denial of the application by the Zoning Board of Appeals, such costs not being occasioned by a negligent or willful act on the part of the petitioner before the Zoning Board of Appeals or attributable to him; or
(c)The director or any other official with the appropriate authority to administer the Code or other County ordinances requests the Board of Commissioners review a Zoning Board of Appeals’
decision due to the Zoning Board of Appeals failing to base its decision on the criteria listed in Section 8-6.4(C)(4)(a) of the Code or in the case of overturning an administrative decision, the Zoning Board of Appeals failed to follow the letter and intent of the applicable Code or ordinance section; or
(d)The granted variance or reversal of an administrative decision works a substantial hardship to the rights and interests of the applicant disproportionate to the benefit conferred to the petitioner before the Zoning Board of Appeals; or
(e)A decision by the Zoning Board of Appeals is detrimental to the general health, welfare and safety of the public.
(i)An "act" within the meaning of the preceding subparagraphs shall also include omissions.
A review will not be granted by the Board of Commissioners in any case in which the relief sought by the petitioner before the Zoning Board of Appeals is the direct and reasonable consequence of the petitioner's violation of federal or state law or an ordinance of Forsyth County.
(2)Effect of Denial of Review by Board of Commissioners. A denial of a review by the Board of Commissioners shall be an affirmation of the decision of the Zoning Board of Appeals.
(C)Public Hearing. All appeals of Zoning Board of Appeal decision applications shall receive a public hearing in accordance with the provisions as set forth in Article III of this Chapter, to include the notification requirements of section 8-3.3(B.1), (C.1) and (D). Additional notice may be given to interested parties as determined by the director. Such notice to interested parties shall be sent by first class United States postage to the address indicated in the official tax records of the County.
(1)Receipt of Evidence by Board of Commissioners. The Board of Commissioners shall receive either oral or written evidence from the applicant, the petitioner before the Zoning Board of Appeals and from property owners and parties of record at the time the Zoning Board of Appeals considered the matter. The Board of Commissioners shall confine the evidence to matters relating to the issues set forth in the minutes of the Zoning Board of Appeals and the petition. The proceedings shall be recorded and shall be open to the public.
(2)Standards and Criteria. The standards and criteria governing the Board of Commissioners’
consideration of an appeal of a decision of the Zoning Board of Appeals shall be those set forth in section 8-8.4(B)(1)(a-e).
(3)Procedures for Hearing. Those in opposition and those in support of the Zoning Board of Appeals 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 Board of Commissioners is authorized to issue further procedural guidelines for the conduct of hearings challenging decisions of the Zoning Board of Appeals so long as such guidelines are not inconsistent with this paragraph. Any procedural guidelines shall be available for distribution to the general public.
(4)Board of Commissioners Action. Upon conclusion of the public hearing, the Board of Commissioners shall consider the case and its action concerning the decision being reviewed. Its decision shall be announced in a public meeting, either following the hearing or at any other scheduled meeting. The decision of the Board of Commissioners shall be in writing and shall
(a)Affirm the decision of the Zoning Board of Appeals, or
(b)Return the case to the Zoning Board of Appeals for reconsideration, with or without direction, or
(c)Take such action by way of relief to the applicant as the Board of Commissioners deems appropriate and lawful, to include overturning the Zoning Board of Appeals’ decision.
(D)Board of Commissioners Decision. The decision of the Board of Commissioners shall be included in the minutes and a written report thereof shall be sent to the petitioner before the Zoning Board of Appeals and the applicant to an address provided by the petitioner before the Zoning Board of Appeals and the applicant. Upon the conclusion of the case, the record and all matters adduced at the hearing shall be transmitted to the director for retention.
(E)Application for Land Disturbance Permit or Building Permit. The petitioner before the Zoning Board of Appeals is eligible to continue with the development process by applying for the appropriate land disturbance permit or building permit (if applicable); provided however, that all subsequent work and/or submittals are in conformance with the approved Board of Commissioner decision and all requirements identified in this Code, and other County, state, and federal requirements, as applicable.
ARTICLE IX, ZONING CONDITION AMENDMENTS: