§ 44-185. Appeal Application.

(a)

Generally. An appeal application is a petition that seeks additional review clarification and/or relief from the application or enforcement of the land development code by the development code administrator, planning commission (office), or the planning commission board or the board of commissioners.

Applications for appeal from the actions of the planning commission (office) or the development code administrator shall be appealed to the planning commission board.

Applications for appeal from the actions of the planning commission board shall be appealed to the board of commissioners.

Applications from appeal from the actions of the board of commissioners shall be appealed to the superior court of McDuffie County. (See subsection (d) of this section)

(b)

Appeal application. The applicant for an appeal application shall submit to the development code administrator:

(1)

In the case of appeals of decisions or actions of the development code administrator where no prior review has been made by the planning commission board, a completed application form and a fee equivalent to the type of issue being addressed under section 44-183 of this article. For example, if the DCA denies an administrative application for a minor variance, the applicant shall be required to submit an application and fee as noted in section 44-183(b) of this article; in this case $100.00 plus costs, since the application will be submitted to the board for full review.

The application fee shall be $50.00 for any application where an application has received a prior review by the planning commission board. Under no circumstances shall an appeal be substituted for any standard application process to the planning commission board.

(2)

In the case of appeals of decisions of the planning commission board to the board of commissioners, a completed application form and a fee of $50.00.

(3)

A plat or plan drawn to scale illustrating in sufficient detail all proposed activities or adjustments whereby the planning commission board or the board of commissioners can determine compliance with this chapter.

(4)

A legal description of the property.

(5)

Any additional information as the development code administrator or the applicant feel would be pertinent to the appeal application.

(c)

Appeal application review procedures. An appeal may be filed with the planning commission board or the board or commissioners by an applicant who is dissatisfied with a final decision of the development code administrator or the planning commission board respectively.

(1)

Review process. Any appeal to a board must be filed within 30 days of the date that the final decision by the development code administrator or the planning commission board was issued. Such review shall be conducted by the appropriate within 30 days of the date of the petition.

(2)

Final action. Either board shall issue a final decision regarding the appeal within 45 days of the date of such appeal. Such final decision shall be recorded in the minutes of the board and shall upon request be provided in writing to the petitioner or appellant. Failure by the board to render a final decision within the 45-day deadline shall constitute automatic approval of the appeal.

(d)

Appeals from board of commissioners. Any person aggrieved of a final decision by the board of commissioners may within 30 days of the rendering of the final decision appeal their decision with the superior court of McDuffie County by petitioning for a writ of certiorari pursuant to Title 5, Article 4 of the O.C.G.A.

(Ord. of 3-23-99, Art. IX, § 5)