Appeals to the mayor/council may be taken by any person aggrieved or by an officer, department, mayor/council, or bureau of the governing authority affected by any decision of the zoning administrator. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from by filing with the zoning administrator and with the mayor/council a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the mayor/council all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the mayor/council 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/her opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the mayor/council or by a court of record on application, on notice to the zoning administrator, and on due cause shown.

The appellant, and any public agency or private individual shall be entitled to present evidence on matters before the mayor/council and said mayor/council may request technical service, advice, data or factual evidence from the planning commission and the governing authority for assistance in reaching decisions.

The mayor/council 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 zoning administrator. The mayor/council may direct the issuance of a permit. It shall be the duty of the zoning administrator to carry out the decisions of the mayor/council.

11-5.1.

Notice of Hearing Shall Be Given. Before making its decision on any appeal, request for a variance, or any other matter within the mayor/council's purview, said council shall hold a public hearing thereon. At least 15 days' notice of the time and place of such hearing shall be published for two consecutive issues of official legal organ of City of Millen, notice of such meeting shall be sent by zoning administrator. At least 15 days' notice of the time and place of such meeting shall be sent to the appellant or petitioner by US Mail to his/her last known address, 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. In addition, the zoning administrator shall erect a sign on the subject property. Such sign shall be erected within ten feet of whatever boundary lines of such land abuts the most traveled road; and if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The sign shall contain the following information:

(1)

Application number;

(2)

Nature of request;

(3)

Time, place and date of hearing.

11-5.2.

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

11-5.3.

Time Limit on Mayor/Council's Decision. The mayor/council shall reach a decision following a public hearing within 30 days.

11-6.1.

Appeals from Actions of the Zoning Administrator. The mayor/council shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of these regulations.

11-6.2.

Request for a Variance. The mayor/council 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 the provisions of these regulations will, in an individual case, result in practical difficulty or 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 a finding by the council that the following exists:

(1)

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

(2)

The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship; and

(3)

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

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance; and

(5)

A literal interpretation of this ordinance would deprive the applicant of any rights that others in the same district are allowed; and

(6)

Provided that the mayor/council may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and provided, that wherever the mayor/council 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 council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

11-6.3.

Continuance of Nonconforming Use. The mayor/council may allow a nonconforming use to be reestablished after discontinuance for 12 consecutive months where it is deemed by the mayor/council that:

(1)

The design, construction, and character of the building is not suitable for uses permitted in a district in which nonconforming use is situated; and

(2)

Undue hardships to the property owner would result in not allowing the building to be reopened for a nonconforming use; and

(3)

Adjacent property would not be unduly damaged by such use of the building; and

(4)

The use is to be identical to the prior nonconforming use of the building.

Appeals shall be made on forms provided by the zoning administrator, and all information required on said forms shall be provided by the appellant. Forms shall be filed with the mayor/council, and the appellant shall pay the mayor/council for expenses incidental to the appeal. No form shall be accepted by the mayor/council unless it contains all pertinent information and accompanied by a fee necessary to defray expenses. The fee covers all advertising and administrative costs.