There is hereby created a Community Development Appeals Board of Carroll County, Georgia.

13.0

Community development appeals board.

13.1 Creation. There is created a community development appeals board.

13.2. Membership; term of office; compensation of members; membership and appointment The community development appeals board shall be composed of seven members. Each member of the board of commissioners shall appoint one member to the board. Each member appointed by a member of the board of commissioners shall serve concurrently with the appointing commissioner's term of office and until a successor is appointed. The expiration of each district term shall be set forth herein and each new member shall be appointed as follows: district (1) shall expire on 05/31/05, district (2) shall expire on 05/31/03, district (3) shall expire on 05/31/05, district (4) shall expire on 05/31/03, district (5) shall expire on 05/31/05, district (6) shall expire on 05/31/03, and the at-large member shall expire on 05/31/05. Members may be reappointed. Future successors shall be appointed upon the expiration of the term for a term of four years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. The board of commissioners shall determine the amount of compensation, if any, to be paid to the members of the community development appeals board.

13.3. Officers. The community development appeals board shall elect one of its members as chairperson, who shall serve for one year or until reelected or a successor is elected. The community development appeals board shall appoint a vice chairperson.

13.4 Duties and responsibilities. The community development appeals board shall be authorized with the following duties and responsibilities:

(a)

Appeals. Hear and decide appeals where expressly authorized by the ordinances of the county, and unless another appeal process is specified, appeals from any decision made by any administrative officer of the community development department of the county.

(b)

Area variances. Hear and decide area variances in specific cases from restrictions on the construction or placement of buildings and other structures and allow for adjustments to the requirements for yards, height, frontage, setbacks, and similar dimensional aspects, provided, however, that no request for a variance shall be permitted in a zoning district where its use is not expressly authorized by the zoning ordinance. The community development appeals board may grant a variance, provided that all of the following findings are made:

(1)

That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property.

(2)

That denying the variance would impose an unnecessary hardship due to such conditions.

(3)

That the variance, if authorized, will not alter the essential character of the neighborhood or locality in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent properties, nor be detrimental to the public welfare.

(4)

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

(c)

Special exceptions. Hear and decide requests for special exceptions upon which the community development appeals board is required to consider.

13.5 Grounds for removal. For the purpose of this section, the board of commissioners may remove any member for any one or more of the following reasons, which shall constitute a reason "for cause."

(a)

Participating at any community development appeals board regular or called meeting of the community development appeals board under the influence of intoxicants, alcohol, or unprescribed or illegal drugs or using, possessing or for selling the same.

(b)

Conduct unbecoming a member of the community development appeals board, including, but not limited to, demeaning conduct or use of profanity or vulgar language during any open public meeting of the community development appeals board.

(c)

Indictment of a felony.

(d)

Unauthorized use of county property, county telephones or other county communication equipment.

(e)

Filing false expense reports.

(f)

Three absences from community development appeals board meetings within a six month period.

(h)[(g)]

No member of the community development appeals board shall hold or qualify to hold any elected office or position in the county or in any city having its incorporated limits within the county.

13.6 Administrative variances.

(a)

In the opinion of the director of community development, after consultation with the chairperson of the community development appeals board, shall have the authority to grant minor variances from the development standards of the zoning ordinance where the uniqueness of the land, its topographical characteristics, and other relevant evidence and considerations would demonstrate compliance with the intent and purpose of the zoning ordinance. A report of each minor variance granted shall be made to the community development appeals board at the next hearing.

(b)

The request for a variance to the director shall be in writing, stating the variance being sought, and the reasons why the request should be granted. Within 45 days of receipt of the request for a variance, the director shall make a decision to all interested parties with reasons supporting the decision. If the director executes an action which the applicant or other injured party believes to be contrary to law, that action may be appealed to the community development appeals board.

13.7 Meetings; rules of procedure; effect of appeal.

(a)

Meetings. The community development appeals board shall adopt rules of procedures consistent with this section. Meetings of the community development appeals board shall be at the call of the county planner, chairperson, and at such other times as the members of the community development appeals board may determine. The chairperson or, in his absence, the vice-chairperson, or county planner may administer oaths. The community development appeals board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The community development appeals board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the county planner for the community development appeals board and shall be a public record.

(b)

Rules of procedure. Unless another appeal process is specified, appeals to the community development appeals board may be taken by any person aggrieved or affected by any decision made by any administrative officer of the community development department of the county. Such appeal shall be taken within a reasonable time, as provided by the rules of the community development appeals board, by filing with the officer from whom the appeal is taken and with the community development appeals board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the community development appeals board all the papers constituting the record upon which the action appealed from was taken.

(c)

Effect of appeal. An appeal stays all administrative proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the community development appeals board, 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 administrative proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the community development appeals board or by an appropriate court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

13.8 Applications for appeal, variance, and special exception.

(a)

Appeals. All applications for appeal shall be in writing, stating the specific appeal being sought, accompanied by the applicable fee, and state the reasons why the request should be granted. An appropriate number of copies of the appeal shall be filed with the county planner, and if applicable the administrative officer whose decision is alleged to be in error. If applicable, the appeal shall be filed on forms prescribed by the office of community development. The application for appeal shall be certified by the property owner or other applicable party that all the information is true and correct and the application for appeal may be void if any material information is untrue. The community development appeals board may grant, modify, or deny the appeal.

(b)

Variance. Each application shall be in writing and on such forms as may be developed for such purpose. Each application shall be accompanied by a site plan, with North point, scale, land district, land lot, and containing appropriate information required by the county planner, or his designee, including, but not limited to, the following:

(1)

The notarized signatures of the applicant and at least 51 percent of all record titleholder(s) shall appear upon the application. In addition, persons having a security interest in the subject property must consent to the application;

(2)

The nonrefundable application fee which has been established by resolution of the board of commissioners shall be paid. A copy of the fee schedule shall be maintained for public inspection in the office of community development;

(3)

Identification of the owner of the subject property;

(4)

Identification of any agent of the owner of the subject property;

(5)

A legal description of the subject property, or alternatively a description that provides an adequate description to the satisfaction of the county planner;

(6)

A complete description and inventory of all existing structures on the subject property; whether any uses or structures are non-conforming;

(7)

A complete description and inventory of all proposed structures proposed or to be located on the subject property under this chapter and for which the variance is being requested;

(8)

A complete description and inventory of any and all activities presently occurring;

(9)

A complete description and inventory of any and all activities proposed to occur on the subject property and for which the variance is being requested; and

(10)

Certification of the agent or property owner that all the information is true and correct, acknowledgment that such information is relied upon by the county, and the application for variance shall be void if any material information is untrue.

(c)

Special exceptions. An applicant may apply for a special exception permit to construct a single family dwelling from an intrafamily transfer of land, which is zoned agricultural and contains less than four acres but one acre or more. For purposes of this section, an intrafamily transfer occurs between immediate family members. The immediate family is a group of individuals consisting of a father, mother, and children by blood, marriage, adoption or guardianship. The immediate family does not include an extended family.

(1)

Procedure—Contents. Prior to processing of any application for a special exception permit, the applicant shall be required to file documentation and follow certain procedures as set forth herein. The applicant shall be required to file a complete application with the community development department containing the following:

(A)

An appropriate number of copies of a completed application shall be filed on forms prescribed by the community development department.

(B)

The notarized signatures of the applicant and 100 percent of all record titleholder(s) shall appear upon the application. In addition, persons having a security interest in the subject property must consent to the application.

(C)

The nonrefundable application fee which has been established by resolution of the board of commissioners shall be paid. A copy of the fee schedule shall be maintained for public inspection in the community development department.

(D)

The applicant shall submit a current boundary survey and plat plan, to scale, prepared by a registered surveyor or registered engineer. In the alternative, the applicant may present other similar drawing, sketch, or plans that properly identifies the boundaries and proposed location of the single family residence. Such development plan shall include such other information as may be required by the countyplanner, or a respective designee, including but not limited to preliminary plans for development, building location, access points, adjacent streets, lot lines, wet areas, and flood plains.

(2)

Upon receipt of an application for a special exception permit the community development appeal board shall hold a public hearing for review of the application. The community development appeals board shall consider, at a minimum, the following in its determination of whether or not to grant a special exception permit:

(A)

Whether, or not there will be a significant adverse effect on the neighborhood or area in which the proposed single family dwelling will be located.

(B)

Whether or not the proposed single family dwelling is otherwise compatible with the neighborhood.

(C)

Whether or not the public health, safety, or welfare concerns of the surrounding neighborhood will be adversely affected.

(D)

Whether a denial would impose an unnecessary hardship upon the applicant and the immediate family.

(E)

The applicant's justification for not choosing to apply for a conditional use or zoning change,

(3)

The community development appeals board will consider each application, and upon determining whether the applicant has satisfied requirements for such a special exception permit, shall issue the special exception permit.

(4)

Special conditions. The community development appeals board may attach conditions and limitations to any special exception permit issued and may require the written certification of the applicant that he/she understands and will abide by those conditions if issued the special exception permit.

(5)

Upon being granted a special exception permit, the applicant must then apply to the community development department for a building permit. The applicant must comply with all rules and regulations as set forth in the subdivision regulations.

13.9 Public hearings. The community development appeals board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the matter within a reasonable time. Upon the hearing any party may appear in person or by agent or by counsel.

(a)

Upon receipt of an appeal from a decision of the administrative officer or building official where appeal is not directed to another decision making body, an application for a variance, or application for an appeal, the community development appeals board shall hold a public hearing thereon and shall give notice thereof, as provided by law, by:

(1)

Publication thereof—stating information that a variance is requested if applicable, contact information, and the date, time, place, and purpose of the hearing—in the official organ of the county at least 30 but not more than 45 days prior to the hearing date before the community development appeals board;

(2)

Posting a notice, as provided by law, not less than 30 days prior to the date of the hearing, in a conspicuous place or places on the property affected, and each such notice or sign shall contain information that a variance is requested if applicable, contact information, and the date, time, place, and purpose of the hearing before the community development appeals board; and

(3)

Notification at least 30 days prior to the hearing by regular U.S. mail to the owner of the property which is the subject of the proposed action, to adjoining property owners, and to other affected property owners, if applicable, that shall state information that a variance is requested if applicable, contact information, and the date, time, place, and purpose of the hearing before the community development appeals board.

(b)

Any public hearing before the community development appeals board may be electronically recorded or transcribed by a stenographer or court reporter, as the community development appeals board may from time to time authorize and direct; and video or sound recording or other transcription of any such hearing may be made.

(c)

An interested party may present evidence by affidavits, letters, reports, live testimony, photographs, videos, or any other medium generally accepted by the courts of this state. An interested party shall have the right to cross-examine any witness testifying for another party. All evidence shall be material and relevant to the issue before the community development appeals board; the community development appeals board shall have the right to limit the presentation of evidence that is not material or relevant, that is repetitive, that constitutes harassment, or is unduly argumentative. Interested parties shall have five minutes to state their case to the community development appeals board at the beginning of the hearing and five minutes to summarize at the end. All hearings shall be recorded, and the recording shall be maintained for at least six months. Except when examining witnesses, all remarks by an interested party shall be addressed to the chairperson. The interested party whose property or use of property is at issue shall have the burden of proof and shall have the right to open and close the evidence and the right to open and close the summary at the end of the hearing.

(d)

The applicant shall have the burden of proof and persuasion on all questions of fact before the community development appeals board

(e)

In any matter before the community development appeals board, the county may be considered an interested party. Within ten days of the hearing, the county planner shall mail the decision of the community development appeals board to all interested parties with reasons supporting the decision.

(f)

Continuance. Any applicant may request, in writing, a continuance of any matter before the board. The county planner shall then administratively grant the continuance provided no previous continuance has been granted to the applicant on the same matter. Any subsequent request for a continuance must be made in writing to the county planner and approved by the community development appeals board. An additional fee shall be required from the applicant for any continuance granted by the county planner. Upon the granting of any subsequent continuance by the community development appeals board, the applicant shall pay a fee of $75.00 to cover all costs incurred to republish the date of hearing and renotify the affected parties.

13.10 Decisions and findings of board to be a final administrative decision. All decisions rendered by the community development appeals board shall be accompanied by administrative findings. All decisions by the community development appeals board shall in each instance be a final administrative decision.

13.11 Appeals from decision of board. Any person or persons severally or jointly aggrieved by any decision of the community development appeals board may take an appeal to the superior court. The appeal to the superior court shall be by writ of certiorari. Such appeal may be filed within 30 days from the date of the decision of the community development appeals board, and upon failure to file the appeal within 30 days the decision of the community development appeals board shall final.

13.12 Re-application to the board. If an application for a variance is denied by the community development appeals board, a re-application for such variance may not be made earlier than 12 months from the date of the original application, except in the case where the matter is appealed to superior court. In the case of an appeal to superior court, the 12-month re-application time period shall begin to run from the date on which final judicial adjudication is rendered in the matter.

(Ord. of 7-14-98(2), § 13.0; Res. of 10-13-98(2); Res. of 4-11-00(1); Res. of 9-25-00(1); Ord. of 12-18-01(1); Ord. of 8-4-20(1), § 1; Res. of 10-4-22(1), § 1)