Sumter County Unincorporated
City Zoning Code

A.

Membership:

1.

Membership and appointment: The county board of zoning appeals hereinafter referred to as the "board," was established by previous version of this appendix, and remains authorized under this appendix. Existing board of zoning appeals members shall continue in their current terms unaffected by the adoption of the ordinance. The board consists of five members residing within Sumter County, Georgia. None of the board members shall hold any other public office, except that one member may also be a member of the planning commission. Board members may be removed 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.

2.

Term of office: The term of office for each member of the board shall be for five years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. If one appointee is 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.

3.

Compensation: The board members shall receive compensation for their service at a rate set by the board of commissioners from time to time and may be reimbursed for out-of-pocket expenditures made in connection with their duties.

B.

Rules of 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 of appeals shall appoint a secretary who may be an officer of Sumter County, Georgia or of the planning commission. 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 resolution, which resolution shall contain a statement of the grounds of its decision or action. The full text of the resolution 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 12 months following the date of said resolution, 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. All meetings of the board shall be open to the public. The board shall render a decision on

C.

Administrative assistance: The county commission may provide such technical, administrative, and clerical assistance as is needed by the board to carry out its function under the provisions of these regulations.

(Ord. of 7-16-24(2), § 34)

The board of zoning appeals shall have the following powers and duties:

Appeals. To hear and decide appeals where it is alleged there is any error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this appendix. Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of Sumter County 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 by filing with the zoning administrator, a written notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. Decisions on appeals shall be issued in writing within ten days of the appeal.

(Ord. of 7-16-24(2), § 34)

A.

Applications. Applications for appeals must be filed in accordance with the schedule set out by the zoning administrator. The contents of the application shall be determined by the zoning administrator. A site plan prepared and signed by a state licensed surveyor or engineer shall be submitted with all variance applications unless the zoning administrator determines that such a site plan will not meaningfully assist the board's consideration of the application. The zoning administrator shall forthwith transmit to the board all documents constituting the record upon which the action appealed from was taken. The zoning administrator shall also mail notice of the public hearing to the owner of the property that is the subject of the proposed action at least 30 days prior to the date of the scheduled public hearing. Proof of mailing may be obtained from the post office and means either a first class certificate of mailing or a first class certified mail receipt; a proof of delivery is not required. No fees shall be collected or applications accepted for any property that has past due Sumter County property taxes as of the date the application is submitted. The application may be accepted once the zoning administrator has received proof of payment from the Sumter County Tax Collector.

B.

Published notice. Due notice of the public hearings pursuant to this article shall be published in the newspaper of general circulation within the county. Notice advertising the hearing on the appeal and indicating date, time, place and purpose of the public hearing shall be published at least 30 days but not more than 45 days prior to the date of the hearing. The cost of the advertisement shall be borne by the applicant. The zoning administrator shall post, at least 30 days prior to the zoning board of appeal's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application number, date, time and place of the public hearing.

C.

Letters to adjacent property owners. The zoning administrator shall also give notice of the appeal and the public hearing thereon to the owner of record of properties adjoining the property for which said appeal is made or sought. Said notice shall be given to each adjoining property owner by first class mail, with proof of mailing obtained from the post office. Proof of mailing means either a first-class certificate of mailing or a first class certified mail receipt; a proof of delivery is not required. Only owners reflected on the records of the tax assessors as of the date of the application shall be entitled to mailed notice. In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded. Said notice must be mailed at least 30 days prior to the date of said scheduled public hearing.

D.

Information in notice. The notice required herein to be published and to be served upon adjacent property owners shall contain the following information:

a.

Name and address of the applicant;

b.

Address and location of the property for which the appeal is sought;

c.

Current zoning of the property for which the appeal us [is] sought;

d.

The subject matter of the appeal and the reason for the appeal; and

e.

The date, time and place of the public hearing on said requested appeal.

E.

Recording hearing. The applicant may arrange for and provide a certified court reporter to transcribe the hearing before the board, at the expense of the applicant. Upon appeal of the decision of the board, said transcript shall be made part of the record for review. Board hearings shall also be recorded by video or audio tape.

(Ord. of 7-16-24(2), § 34)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning 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 stay granted by the board or by a restraining order issued by a court of record on application, on notice to the zoning administrator, and for due cause shown.

(Ord. of 7-16-24(2), § 34)

A.

In exercising its powers, the board may, in conformity with the provisions of this article, 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 zoning administrator.

B.

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

C.

On all appeals, applications and other matters brought before the board, said board shall inform, in writing, all the parties involved of its decisions and the reasons therefore. Such written decision shall be prepared by the zoning staff or county attorney and be signed by the secretary.

(Ord. of 7-16-24(2), § 34)

A.

Sign up. All persons who wish to address the board at a hearing concerning an appeal under consideration by the board shall first sign up on a form to be provided by the county prior to the commencement of the hearing.

B.

Matter presented; out of order applications. The secretary of the board will read the proposed appeal or variance under consideration in the order determined by the zoning administrator. The zoning administrator, or his or her designee, shall then present the basis of the appeal or variance, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed appeal. Any appeal that has not complied with all notice and other requirements of this article may be deemed out of order and be postponed until the next meeting, and if it is still out of order at the next meeting, the application may be dismissed without prejudice.

C.

Speakers. The chairperson of the board shall call each person who has signed up to speak on the appeal then before the board in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself and state his current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the members of the board present at the hearing allow the person to speak to the appeal, notwithstanding the failure of the person to sign up prior to the hearing.

D.

Time limits. The appellant and those in favor of the appeal shall have at least ten minutes to speak, total. Those opposed to the appeal shall have at least ten minutes to speak, total. The board may extend these times upon majority vote. Each individual speaker shall have no more than three minutes to speak, except the appellant, who can take as much of the ten minutes as is desired. The applicant may reserve time for rebuttal. Upon vote of a majority of the board, either side may be granted additional time in any amount the board desires, but in such event, the other side shall be granted the same additional time.

E.

Evidence, cross examination. Each side shall have the opportunity to present evidence and witnesses which shall be entered into the record. Cross examination of opposing witnesses shall be allowed by the chair, but decorum shall be maintained. The board may require the applicant and opponents to designate one person to conduct any desired cross examination.

F.

Decorum and order. Each speaker shall speak only to the merits of the proposed appeal or variance under consideration and shall address his remarks only to the members of the board. Each speaker shall refrain from personal attacks on any other speaker or the discussion of 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. 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 or variance is conducted in a fair and orderly manner.

(Ord. of 7-16-24(2), § 34)

A.

Appeal to the board of commissioners. Recourse from a decision by the board of zoning appeals shall be to the board of commissioners, by filing a written notice of appeal within 30 days of the board of zoning appeal's decision. The board of commissioners shall have a hearing on said appeal within 60 days of completion of preparation of the record and transcript. The board of commissioner's hearing shall be noticed according to the requirements of section 25.03, including published notice, sign, and letters to subject property owner and adjacent property owners. The hearing shall be open to the public, but public comment shall not be taken unless the board of commissioners votes to reopen the public hearing. At the hearing, the board of commissioners shall review the evidence presented below, which shall automatically include this chapter, the official zoning map, the county's file on the application, and any other county ordinance relevant to the dispute. No new evidence not presented to the board of zoning appeals may be presented on an appeal to the board of commissioners; only argument of counsel (or unrepresented parties) is permitted unless the board of commissioners votes to reopen the public hearing, which shall then be conducted in accordance with section 26.07.

B.

Appeal to court. Recourse from a decision of the board of commissioners shall be to a court of competent jurisdiction by the filing of an appeal in accordance with the then-existing law.

(Ord. of 7-16-24(2), § 34)