12-1

Membership.

12-1.1

Membership and Appointment. The Lanier County Board of Appeals hereinafter referred to as the "Board" shall consist of three (3) members residing within Lanier County, Georgia. The members shall be appointed by the Board of Commissioners, Lanier County, Georgia. None of the Board members shall hold any other public office, except that one appointed member may also be a member of the Planning Commission. Board members may be removable for cause, upon written charges, and after public hearing. Any member of the Board shall be disqualified to act upon a matter before the Board with respect to property in which the member has an interest. In order to facilitate the ability of the Board of Appeals to attain a quorum of three members to act on any issue, the standing Chairman of the Greater Lanier Planning Commission shall serve as an alternate member of the Board of Appeals in the absence of any regularly appointed member.

12-1.2

Term of Office. The term of office for each member of the Board shall be for five (5) years; however, in the appointment of the first Board, two (2) of the members shall be appointed for three (3) years and one for five (5) years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. If one appointee be from the Planning Commission and he ceases to be a member of said Planning Commission during the term of his appointment to the Board, his membership on the Board shall terminate and the governing authority may name a member of said Planning Commission to fill the unexpired term of its original appointee.

12-1.3

Compensation. The Board members shall receive no compensation for their service except that they may be reimbursed for out-of-pocket expenditures made in connection with their duties, subject to policies as may be established by the Lanier County Board of Commissioners.

12-2

Rules and Procedures. The Board shall elect one of its members as Chairman, who shall serve for one year or until he is re-elected or his successor is elected. The Board shall have authority to adopt rules of procedure. Meetings of the Board shall be held at the call of the Chairman and at such other times as said Board may determine. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses by subpoena. The 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, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of said Board and shall be a public record. The decisions of the Board shall be by motion, which motion shall contain a statement of the grounds of its decision or action. The full text of the motion shall be sent to the appellant. No appeal requesting the same relief in regard to the same property shall be received or heard by the Board for a period of twelve (12) months following the date of said motion, except that this limitation shall not affect the right of said Board to grant a rehearing if provided in the rules of procedure adopted by said Board.

12-3

Administrative Assistance. The County Commission may provide such technical, legal, administrative, and clerical assistance as is needed by the Board to carry out its function under the provisions of these regulations.

12-4

Appeals.

12-4.1

Who May Appeal. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing authority affected by any decision of the Land Development Administrator. Such appeals shall be filed no later than thirty (30) days after the date of notification of the decision appealed from by filing with the Land Development Administrator, and with the Board, a notice of appeal specifying the grounds thereof. The Land Development Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

12-4.2

Legal Proceedings Stayed. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Land Development Administrator certifies to the 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, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Land Development Administrator, and on due cause shown.

12-4.3

Presentation of Evidence. The appellant, and any public agency or private individual shall be entitled to present evidence on matters before the Board, and said Board may request technical service, advice, data, or factual evidence from the Planning Commission and the governing authority for assistance in reaching decisions. The Board may request legal advice for particular matters, subject to limitations established by the Lanier County Board of Commissioners.

12-4.4

Extent of Board of Appeals' Power. The Board may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the Land Development Administrator, and to that end shall have all the powers of the Land Development Administrator. The Board may direct the issuance of a permit. It shall be the duty of the Land Development Administrator to carry out the decisions of the Board.

12-5

Public Hearing.

12-5.1

Notice of Hearing Shall Be Given. Before making its decision on an administrative appeal, request for a variance, or any other matter within the Board's authority, said Board shall hold a public hearing thereon. At least fifteen (15) days but not more than 45 days notice of the time and place of such hearing shall be sent to the appellant or petitioner, to the Planning Commission, the Land Development Administrator, and to the owners of all properties either adjoining the property with which the hearing is concerned or situated directly across a public right-of-way from said property. Such notice shall contain the name of the appellant or petitioner, the date, time, and place set for the hearing, and a brief statement of the nature of the hearing.

12-5.2

Public Notice in Newspaper. The Board shall give a public notice of the hearing in a newspaper published and circulated in Lanier County, Georgia by advertisement published at least fifteen (15) days but not more than 45 days prior to the date of the public hearing.

12-5.3

Who May Appear. Any party may appear at the public hearing in person or by agent or by attorney.

12-5.4

Time Limit on Board's Decision. The Board shall reach a decision following a public hearing within thirty (30) days.

12-6

Powers and Duties.

12-6.1

Appeals from Actions of the Land Development Administrator. The Board shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Land Development Administrator in the enforcement of these regulations.

12-6.2

Request for a Variance. The Board may authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of provisions of these regulations will, in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this ordinance in the district in question. Such variance may be granted in an individual case upon finding by the board that all of the following exists:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

b.

The application of these regulations to this particular piece of property would create an unnecessary hardship;

c.

Such conditions are peculiar to the particular piece of property involved;

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations; provided that no variance may be granted for a use of land, building or structure that is prohibited by this ordinance. Applications for use variances shall not be accepted by the Land Development Administrator. Such requests shall be properly filed as requests for land development districts amendment, the authority for such being solely reserved for the Lanier County Commission; and

e.

Provided that the Board of Appeals may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of residents and workers in the community, and to protect the value and use of property in the general neighborhood. Provided, that whenever the Board of Appeals shall find, in the case of any permit granted pursuant to the provisions of these regulations that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, said Board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for public hearing.

12-6.3

Request for Extension of Non-Conforming Residential Uses. The Board may authorize upon appeal in specific cases an extension or replacement of an existing non-conforming residential use which the Board is specifically authorized to pass on under the terms of this ordinance. Said extension may be granted in an individual case upon finding by the Board that:

a.

The use is a non-conforming use as defined in these regulations;

b.

the use is in full compliance with all requirements of these regulations applicable to non-conforming uses;

c.

the extension of said use will not further injure a permitted use on adjacent property in the same district; and

d.

This section is specifically designed to allow for the replacement of homeowner occupied residential units in areas no longer zoned for residential uses. As such, this provision is not subject to the limits of Section 8-5.

12-7

Forms. Appeals from actions of the Land Development Administrator, requests for variances, and requests for extension of a non-conforming residential uses shall be made on forms provided for such purposes. All information required on said forms shall be provided by the applicant. Forms shall be filed with the Land Development Administrator, and the applicant shall pay Lanier County for expenses incidental to the appeal. No form shall be accepted by the Land Development Administrator unless it contains all pertinent information and is accompanied by the required fee of a fee to defray expenses as set from time to time by the County Commission.