(a)

Rehearing requests to the mayor and board of commissioners. Any applicant or any other person aggrieved by a decision, order, determination, grant or denial of the mayor and board of commissioners under this Revised Zoning Ordinance of the City of Jesup, Georgia may file a request for rehearing to the board of commissioners. Such request for rehearing shall be filed no later than ten days after the date of notification of the decision to be reheard by filing a written request for rehearing with the City Manager of the City of Jesup, Georgia, specifying the decision sought to be reheard and the grounds upon which the request for rehearing is based, which such notice shall also contain the street or physical-delivery address, mailing address and telephone number of the appellant. In addition, an alternate mailing address may be specified. The applicant for rehearing or other person aggrieved by the initial underlying decision giving rise to the request for rehearing may only request one such rehearing upon the decision, order, determination, grant or denial giving rise to such request.

(b)

Hearings; notice of hearings. Upon proper submission of a written request for rehearing and the payment of any fees required under this article XI, the mayor and board of commissioners shall schedule a hearing on any request for rehearing under this section and give notice of such hearing not less than ten days prior to the date upon which the hearing is scheduled, which such notice shall specify the time, date and place of the hearing, which shall be held in the corporate limits of the City of Jesup, Georgia. Said notice shall be published and served as a request for rezoning or variance would be published and served under this Revised Zoning Ordinance of the City of Jesup, Georgia.

(c)

The request for rehearing to the mayor and board of commissioners provided for above shall be the sole and exclusive method for seeking rehearing or appeal to the mayor and board of commissioners, and the processes provided under this ordinance for such requests for re-hearings shall be in lieu of any other appeal procedures that may have previously existed under the Revised Zoning Ordinance of the City of Jesup, Georgia.

(Ord. of 4-4-2017, § 1)

The mayor and board of commissioners shall have the following powers on any request for rehearing:

(a)

To hear and decide requests for re-hearings, where it is alleged there is error in any order requirement, decision or determination originally made by the mayor or board of commissioners or otherwise made by an administrative official in the enforcement of this Revised Zoning Ordinance of the City of Jesup, Georgia.

(b)

To hear and decide special exceptions, variances and requests for zoning classification changes, and including any requests for re-hearings upon such matters, under such Revised Zoning Ordinance of the City of Jesup, Georgia.

(c)

In exercising the above powers, the mayor and board of commissioners may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the underlying order, requirement, decision, grant, denial or determination for which rehearing is sought, and to that end shall have all the powers of the officer from whom the request for rehearing is taken and may issue or direct the issuance of any permit, variance in zoning classification or requirements or change in zoning classification.

(Ord. of 4-4-2017, § 1)

In any instance where the mayor and board of commissioners is/are required to consider an exception in the zoning ordinance or map in accordance with the provisions of this ordinance and when considering a request for rehearing, the mayor and board of commissioners shall, among other things:

(a)

Assure themselves that the proposed change is consistent with the spirit, purpose and intent of the zoning ordinance and consider the effect upon the public interest of granting or denying the application.

(b)

Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the general character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.

(c)

Determine that the proposed change will serve the best interests of the City of Jesup, Georgia, the convenience of the community where applicable and the public welfare.

(d)

Consider the unnecessary hardship which will or may be inflicted upon the applicant by denial of his application.

(e)

Consider the presence or absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which the applicant seeks approval.

(e)

Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools, and assure adequate arrangements for sanitation in specific instances.

(f)

Safeguard the development of highway frontage insofar as possible so as to limit the total number of access points and encourage the frontage of buildings on parallel marginal roads or on roads perpendicular to the highway.

(g)

Consider the suitability of the proposed location of an industrial or commercial use with respect to probable effects upon highway traffic, and assure adequate access arrangements in order to protect major highways from undue congestion and hazard.

(h)

Ascertain the adequacy of sanitation and public safety provisions, where applicable, and require a certificate of adequacy of sewage and water facilities from the department of health of the county in any case required herein or deemed advisable.

(i)

Impose such conditions, in addition to those required, as are necessary to assure that the general purpose and intent of the zoning ordinance is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, and the minimizing of noxious, offensive or hazardous elements.

(Ord. of 4-4-2017, § 1)

(a)

The mayor and board of commissioners may make additional rules as to the manner of filing requests for re-hearings the procedures applied during any hearings related to such requests.

(b)

A request for rehearing shall stay all administrative proceedings in furtherance of the action upon which rehearing is sought unless the city manager certifies to the mayor and board of commissioners, after the request for rehearing is filed, that, by reason of facts stated in the certification, a stay would, in the opinion of the city manager, cause imminent peril to the health, safety or welfare of persons or property. The city manager shall cause to be served upon the appellant a copy of any such certificate by certified mail or personal delivery at the address of such person specified on the request for rehearing In such case of a certification identifying peremptory action by the city manager, such peremptory action shall not be stayed otherwise than by an order which may be granted by the mayor and board of commissioners at any special called or regular meeting or a restraining order by a court of record in accordance with the substantive laws of the State of Georgia or the United States of America. Members constituting a quorum of the board of commissioners may call a special meeting to consider whether to stay the peremptory action with oral or written notice to the appellant not less than five calendar days prior to the meeting, and the notice shall act as a stay of the peremptory action. In no event shall the peremptory action be taken less than five business days after the date of certification.

(c)

Whenever a person shall make a request for rehearing to the mayor and board of commissioners, he, she or it shall obtain the appropriate form therefor from the building inspector or city manager, as the case may be. It shall be the duty of the said person to complete the request for rehearing form in its entirety; which form is then to be submitted to the city manager together with the appropriate fees.

(d)

In addition, a list of names and addresses of the owner of the real property that is the subject of a request for rehearing, if he, she, it or his, her or its residence is known, and the owner and occupier of every lot in the same street within 500 feet of the real property, lot or building at issue in such request for rehearing and of every lot not on the same street within 500 feet of said lot or building, shall be submitted with the request for rehearing form; provided, however, that failure to provide such list of names provided by this paragraph shall not invalidate any action taken by the mayor and board of commissioners on any such request for rehearing.

(Ord. of 4-4-2017, § 1)

In the exercise of the powers vested in it by this ordinance, the mayor and board of commissioners may, in its discretion, refer to any other agency of the city, county or state for an advisory opinion on any matter properly before it with respect to which it believes that such advisory opinion would be helpful to it in reaching its own determination.

(Ord. of 4-4-2017, § 1)

Any request for rehearing shall be accompanied by a non-refundable filing fee of $350.00 to be paid to the City of Jesup, Georgia. The charge or fee shall be paid in advance to the City Clerk of Jesup, Georgia and shall be used to defray the necessary expenses of the city, mayor and board of commissioners. If the applicant desires a stenographic record of the proceedings before the mayor and board of commissioners, he, she or it shall so indicate upon his, her or its application and shall forward therewith an additional fee of $150.00 which shall be applied against the cost of such service, the balance being returned if the charge for stenographic record is less than the deposit and an additional billing being made if the charge is greater in amount.

(Ord. of 4-4-2017, § 1)

Any person or persons separately or jointly aggrieved by any decision of the mayor and board of commissioners on a request for rehearing may take an appeal or other appropriate action to the superior court. Said appeal or other action to the superior court shall be the same as an appeal to the superior court from any decision made by the court of the ordinary and as specified in probate court and as specified in O.C.G.A. ch. 5-3, except, however, that said appeal or action to the superior court must be filed within 30 days from the date of the decision of the mayor and board of commissioners upon such request for rehearing, and upon failure to file said appeal or action in the superior court within 30 days, the said decision of the mayor and board of commissioners on the request for rehearing shall be final. Provided, however, that on appeal or action to the superior court said case shall be heard by the judge of the superior court without a jury, unless one of the parties files a written demand for a jury trial within 30 days from the filing of the appeal or action to the superior court.

(Ord. of 4-4-2017, § 1)