A.

The Board of Appeals shall hear and decide applications of appeals as listed under Powers and Duties in Section 3-2-100 A.

B.

Standing for Appeals

Appeals to the Board of Appeals may be taken in writing by any person aggrieved by any decision made under and pursuant to the provisions of this Ordinance by any official of Walton County. For purposes of this Article, a person shall be considered to be aggrieved only if said person or said person's property was the subject of the action appealed from or said person has a substantial interest in the action appealed from that is in danger of suffering special damage or injury not common to all property owners similarly situated.

C.

Three (3) copies of the Appeal must be filed with the Department within fifteen (15) days after the decision at issue. The appeal shall be filed on a form provided by that office, and all pertinent information required thereon shall be furnished before the appeal will be accepted.

D.

Upon receipt of the completed form, the Department shall transmit to the Board of Appeals, all papers constituting the record upon which the appeal is based along with any comments the Director may deem necessary.

E.

The Board of Appeals shall conduct a public hearing on the appeal.

F.

Decision of the Board

Following the consideration of all testimony, documentary evidence, and matters or record, the Board shall make a determination on each appeal. An appeal shall be sustained only upon an expressed finding by the Board that the administrative official's action was based on an erroneous finding of a material fact, or that the administrative official acted in an arbitrary manner. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the administrative official from whom the appeal was taken and may issue or direct the issuance of a permit provided all requirements imposed by all other applicable laws are met.

A.

The Board of Appeals shall hear and decide applications for variances as listed under Power and Duties in Section 3-2-100 B.

B.

Standards of Review

In ruling on any application for a variance, the Board of Appeals shall act in the best interest of the health, safety, morals, and general welfare of the county. In doing so, the Board of Appeals may grant variances in individual cases of practical difficulty or unnecessary hardship upon a finding that all the following conditions exist:

1.

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

2.

The strict application of the Ordinance to this particular piece of property would create practical difficulty or unnecessary hardship; and

3.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this Ordinance.

4.

No variance may be granted for a use of land or buildings or structure that is prohibited by this Ordinance or to change the density of a use allowed by this Ordinance or to grant a development right or standard in conflict with a condition of zoning imposed by the Board of Commissioners.

C.

Staff Analysis, Finding of Fact and Recommendations

The Department shall conduct a site inspection on all applications for variances and shall investigate and prepare an analysis of each proposed variance application. The Department shall provide the members of the Board of Appeals, a staff report containing complete information on each variance application including: a copy of the application and all supporting materials; all other written communications given to the staff either in support of or in opposition to the variance application; and the report and recommendation of the Department. The findings and recommendations of the staff shall be made based on the appropriate standards and factors contained in Section 14-1-110 B. In any recommendation of approval or any application, the Department may recommend the imposition of conditions. The staff shall present its findings and recommendations in written form to the Board of Appeals. Copies of the written findings and recommendations of the staff shall be reasonably made available to the applicant and the public.

The Board of Appeals shall hear and decide applications for special exceptions under Powers and Duties in Section 3-2-100 C.

A.

Standards for Review

In ruling on any application for a special exception, the Board of Appeals shall act in the best interest of the health, safety, morals and general welfare of the county. In doing so the Board of Appeals may grant special exceptions in individual cases upon a finding that all of the following conditions exist:

Request if granted, would not cause substantial detriment to the public good, safety, or impair the purposes and intent of this Ordinance.

Request if granted, will not create adverse impact upon adjoining properties by reason of noise, smoke, odor, dust, vibration, hours of operation, activity, parking, visibility or nature of operation of use.

Request if granted, will allow use that is compatible with adjacent properties uses and other property uses in immediate area.

Request if granted, ensures that adequate public services, public facilities and utilities are available to serve the special exception use.

Request if granted, ensures that the public street on which the special exception use will be located has sufficient traffic carrying capacity and road design so as not to unduly increase traffic and/or create congestion, and/or create traffic hazards in the area.

B.

Staff Analysis, Finding of Fact and Recommendations

The Department shall conduct a site inspection on all applications for special exceptions and shall investigate and prepare an analysis of each proposed application. The Department shall provide the members of the Board of Appeals, a staff report containing complete information on each special exception application including: a copy of the application and all supporting materials; all other written communications given to the staff either in support of or in opposition to the special exception application; and the report and recommendation of the Department. The findings and recommendations of the staff shall be made based on the appropriate standards and factors contained in Section 14-1-120 A. In any recommendation of approval or any application, the Department may recommend the imposition of conditions. The staff shall present its findings and recommendations in written form to the Board of Appeals. Copies of the written findings and recommendations of the staff shall be reasonably made available to the applicant and the public.

The applicant has the burden of presenting evidence sufficient to allow the Board of Appeals to take actions authorized in Section 3-2-100.

Applications for appeals, variances, and special exceptions shall be filed on forms provided by the Department and shall not be considered authorized or accepted unless complete in all respects. Application fees shall be established by the Board of Commissioners.

Stays to Legal Proceedings

An appeal, application for a variance or special exception stays all legal proceedings in furtherance of the action filed unless the official from whom the action is taken certifies to the Board, after request has been filed, that by reasons of facts stated in the certificate, a stay would, in that official's opinion, cause imminent peril to life and property. In such a case, proceedings shall be stayed only by a restraining order granted by the Superior Court of Walton County on notice to the officer from whom the action is taken and on due cause shown.

A.

Any action by the Board of Appeals pursuant to their powers listed in Section 3-2-100 shall be decided in a public hearing. The public hearing shall be scheduled within sixty (60) days of the date when the applicant filed the appeal or request for variance or special exception.

B.

Hearing Procedures

1.

At the public hearing, the applicant or any other party may appear on his own behalf or be represented by agent or by attorney.

2.

Order of the hearing shall be:

a.

Statement of case by Chairman

b.

Supporting argument by applicant or his agent or attorney

c.

Supporting arguments by others at the hearing

d.

Opposing arguments by persons at the hearing

e.

Rebuttal by those supporting appeal (other than applicant)

f.

Rebuttal by those opposed to appeal

g.

Final rebuttal by applicant

h.

Witnesses may be called and factual evidence and exhibits submitted. The Chairman may establish appropriate time limits for arguments, but such time limits shall be equal for both sides. The Chairman may require representatives of each side to speak for the entire group or portions of the group.

C.

Decisions

A final decision on an appeal, an application for a variance or special exception shall be made within sixty-five (65) calendar days of the last public hearing at which the appeal or application is considered, and shall be in the form of a resolution.

The resolution shall show the reasons for the determination made, and if in favor of the applicant shall set forth any conditions or safeguards required, or any time limitations prescribed.

D.

Any person or persons aggrieved by any decision of the Board of Appeals may petition the Walton County Superior Court for a writ of certiorari as provided by O.C.G.A. ch. 5-4 within thirty (30) days of the date of the Board's decision.

Notice of public hearing applications on appeals, variances and special exceptions shall be provided as follows:

Written Notice

Written notice of each application shall state the nature of the action requested, and the date, time, and place of the public hearing before the Board of Appeals and shall be mailed by first class mail to the owner of the property, and owners of all property abutting and across the street from property, as such property owners are listed on the tax records of Walton County, at least thirty (30) days before the public hearing before the Board of Appeals.

Posted Notice

For each application, the Department shall post signs on the subject property at least thirty (30) days before and not more than sixty (60) days prior to the date of public hearing before the Board of Appeals. The sign shall state the case number, the nature of the action request, and the date, time and place of the public hearing before the Board of Appeals.

At least one (1) sign shall be posted on each street on which the subject property has frontage in a conspicuous location within the right-of-way in front of property or on the property in front. Signs shall be double-faced and posted so that the face of the sign is at a right angle to the street to allow the signs to be read by the traveling public in both directions. The lettering on the signs shall be at least one-inch height.

The public notice sign will be removed by the Department. Removal of the sign by any other individual is subject to fine or penalty.

Published Notice

For each application, notice of the nature of the action request and the date, time and place of the public hearing before the Board of Appeals shall be published in a newspaper of general circulation within the County in which are carried the legal advertisements of the County at least thirty (30) days prior to the public hearing before the Board of Appeals.

In such case that an application to the Board is initiated due to an existing violation of this Ordinance and such application is denied, the violation shall be required to be corrected within thirty (30) days of such denial or as specified by the Board if a greater time period is required. The maximum extension of time the Board may grant for correction shall not exceed ninety (90) days.

Refilling an application for a variance or special exception affecting all or a portion of the same property which was denied by the Board of Appeals shall not be submitted for at least ninety (90) days from the date of final decision by the Board of Appeals. The Board of Appeals may waive or reduce this time interval by resolution.

The Director is hereby authorized to consider and grant or deny, pursuant to the procedures and standards contained in this Section and Section 14-1-110 B, a variance from the following regulations:

1.

Reduce by variance any front, side or rear yard setback by an amount not to exceed fifty percent (50%) of the district requirements.

2.

Reduce by variance any transitional buffer by an amount not to exceed fifty percent (50%) of the district requirements.

3.

Reduce by variance the access management off-street parking or loading requirements by an amount not to exceed fifty percent (50%) of the district requirement.

4.

Permit by variance the number of individuals permitted to occupy a dwelling unit under the Residential Occupancy Limitations described in Article 6 of this Code. To facilitate such an administrative variance, the Director shall be authorized to develop procedures or criteria for consideration of such an administrative variance, including, without limitation, evidence or documentation of such occupants being a family (as "family" is defined in Article 2 of this Code).

No administrative variance shall be granted by the Director which conflicts with a conditional zoning or conditional use permit approval.

Any request for administrative variance permitted by this Section shall be filed in writing with the Director. The Director shall review and decide upon each such application pursuant to the applicable standards referred to in each subsection above, and shall make a written decision on each such application no later than thirty (30) days from the date such application was filed. No administrative variance shall be authorized to delete, modify, or change in any manner any condition imposed by the Board of Commissioners or the Board of Appeals.

(6-6-2006)

A.

The Director is hereby authorized to consider and decide requests for special administrative permits. All such requests for special administrative permits shall be filed in writing on forms promulgated by the Director.

B.

Each application for special administrative permit specifically authorized in this Ordinance shall be considered and decided by the Director. All special administrative permits approved by the Director shall specify the length of time or duration of each such special administrative permit.

C.

All applications received by the Director for special administrative permit shall be considered and decided pursuant to all of the standards below:

1.

Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed conditional use;

2.

Compatibility with adjacent properties and with other properties in the same zoning district;

3.

Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed so as not to unduly increase traffic and create congestion in the area;

4.

Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency;

5.

Whether or not the proposed use will create unreasonable adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, vibration, hours of operation or the manner of operation generated by the proposed use;

6.

Whether the length of time for which the conditional use permit is granted should be limited in duration.

7.

Whether or not the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings.

8.

Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources; and

9.

Whether or not the proposed plan will have an unreasonable adverse impact on natural resources or environmentally sensitive areas, including floodplains, wetlands, prime plant or animal habitat, or other similar features of unique value to the character of Walton County.