§ 410. Appealing an action of the zoning administrator or building official.

A.

If the zoning administrator or building official executes an action which the aggrieved party believes to be contrary to this ordinance, that action may be appealed. Such an appeal must be filed within 30 days of the date on which the action by the zoning administrator or building official was taken.

B.

The planning and zoning commission has jurisdiction for hearing appeals concerning actions of the zoning administrator or building official related to this ordinance. Applications for appeal may be obtained from and submitted to the zoning administrator, who will transmit them to the planning and zoning commission for its consideration.

C.

When an action of the zoning administrator or building official is appealed, all construction or other activity authorized by the appealed action must be stopped immediately. In certain cases, however, the building official may feel that the stopping of such construction or other activity authorized by the appealed action will cause imminent peril to life or property. Then, the building official may certify to the planning and zoning commission that, by reason of facts stated in the certificate, the halting of construction or other activity authorized by the appealed action would in his opinion cause imminent peril to life or property. In such cases, the construction or other activity authorized by the appealed action is allowed to continue unless the construction is halted by the planning and zoning commission or a restraining order is granted by a court of competent jurisdiction.

D.

When an application for appeal of an action of the zoning administrator or building official is received, the planning and zoning commission shall set a time and place for a public hearing on the appeal. Notice of the hearing must be published in a newspaper of general circulation in Screven County at least 15 days before the hearing. In addition, the parties to the appeal will be notified of the date of the hearing by the planning and zoning commission by certified mail, with return receipt requested, and postmarked at least 15 days before the hearing. Any person may appear at the hearing, or have a representative attend instead.

E.

All persons who wish to address the planning and zoning commission at a hearing concerning an appeal under consideration by the planning and zoning commission shall first sign up on a form to be provided by the zoning administrator prior to the commencement of the hearing.

F.

The chairman or his designee will read the proposed appeal under consideration, and the departmental reviews pertaining thereto, if any, prior to receiving public input on the proposed appeal. Appeals shall be called in the order in which they were filed.

G.

The chairman or his designee shall then call each person who has signed up to speak on the appeal then before the planning and zoning commission in the order in which the persons have signed up to speak, except that the applicant who shall speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless two-thirds of the members of the planning and zoning commission present at the hearing allow the person to speak to the appeal.

H.

Each speaker shall speak only to the merits of the proposed appeal under consideration and shall address his remarks only to the member of the planning and zoning commission. Each speaker shall refrain from personal attacks on any other speaker or from discussing facts or opinions irrelevant to the proposed appeal under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

I.

Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on the appeal is conducted in a fair and orderly manner.

J.

The planning and zoning commission will make a decision concerning the appeal and record the decision in the minutes for that meeting. Any person aggrieved by a decision by the planning and zoning commission may petition the Screven County Board of Commissioners. In exercising its powers, the board of commissioners may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the planning commission.

K.

The concurring vote of a majority of the members present of the board of commissioners shall be necessary to reverse any order, requirement, decision, or determination of the planning commission, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance.

L.

On all appeals brought before the board of commissioners, said board shall inform, in writing, all the parties involved of its decisions, and the decision shall be recorded in the minutes. Recourse from a decision by the board of commissioners shall be by appeal to a court of competent jurisdiction within 30 days of the date of the meeting in which the decision is announced; provided, however, that an applicant has exhausted all remedies afforded by this ordinance, including consideration of variances or conditional uses.

M.

The planning and zoning commission and the board of commissioners may establish such other rules as may be provident and in accordance with due process for the conduct of their hearings which are not inconsistent with those rules set forth in this section.