Latest version.
  • a.

    Upon receiving a notice of an appeal, the Chief Building Official shall assemble such memos, papers, plans, or other documents as may constitute the record for the appeal or as may provide an understanding of the issues involved.

    b.

    An application for an appeal shall include such descriptions, maps or drawings as needed to clearly illustrate or explain the action requested. The Chief Building Official may request such additional information from the appellant as necessary to provide a full understanding of the appellant's request.

    c.

    Once the record has been assembled, Chief Building Official shall schedule the appeal for consideration at the next scheduled meeting of the appropriate Board of Adjustments for which adequate public notice can be given.

    d.

    Public Notice.

    (1)

    Notification to the General Public.

    (a)

    At least 15 days but not more than 45 days prior to the public hearing, notice shall be published in a newspaper of general circulation within the County. The Building Inspection Department shall prepare such notice, which shall state the time, place and purpose of the hearing.

    (b)

    A request for a special exception, hardship variance or flood protection variance shall be heard at a public hearing only upon:

    1)

    The published notice, in addition to the requirements above, shall include the location of the property, the present zoning classification of the property, and the nature of the requested action; and

    2)

    At least 15 days prior to the public hearing, the Chief Building Official shall post a sign or signs of not less than 6 square feet stating "Zoning Action Pending. For further information please contact the Rome-Floyd County Planning Department at (phone number) or (e-mail address)." One such sign shall be placed in a conspicuous location along each street frontage of the subject property. If the property has no street frontage, the sign shall be placed on each street from which access will be gained to the property.

    (2)

    Notice to Surrounding Property Owners. If the request is for a special exception, hardship variance or flood protection variance, notice shall also be given to surrounding property owners as follows:

    (a)

    At least five days prior to public hearing, the Chief Building Official shall cause a notice to be mailed to all persons owning property located adjacent to or across the street from the property that is the subject matter of request.

    (b)

    The notice shall state the time, place and purpose of the hearing by the Board of Adjustments. The written notice shall be mailed to the property owners as such names and addresses appear on the County's ad valorem tax records.

    e.

    Any appellant wishing to withdraw an appeal prior to the meeting of the Board of Adjustments shall file a written request for such withdrawal with the Chief Building Official. The appeal shall thereupon be removed from the Board's agenda and the request shall have no further effect.

    f.

    Board of Adjustments Public Hearing.

    (1)

    The Chairperson, the Vice-Chairperson, or the Board of Adjustments' designee, who shall act as the Presiding Official, shall convene the public hearing at the scheduled time and place.

    (2)

    The Presiding Official may administer oaths and compel the attendance of witnesses by subpoena.

    (3)

    The Chief Building Official shall submit the assembled record of the appeal to the Board of Adjustments. The Chief Building Official, or other appropriate party if the appeal was taken from an administrative action or interpretation, shall provide such information or explanation as appropriate to the circumstances of the appeal.

    (4)

    At the hearing, any party may appear in person or by agent or by attorney. No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak each person recognized shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a request, on the time allowed for each speaker, and on the total time allowed for presentation of the request. No less than ten minutes shall be provided for all of those speaking in support the request and no less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed. If reasonable time limitations permit, any member of the general public may speak at a hearing. However, the appellant and nearby property owners shall be afforded the first opportunity to speak.

    (5)

    The appellant shall be allowed to speak first in order to present the request. Others in support of the request may then speak, followed by those in opposition to the request. The appellant will then be allowed time for rebuttal. Rebuttal must be limited to points or issues raised by opponents to the request at the hearing.

    (6)

    During the public hearing, the members of the Board of Adjustments may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

    (7)

    At the meeting, following presentation of the appeal, action shall be taken by vote of the Board of Adjustments.

    (a)

    A motion to approve or deny an appeal must be approved by an affirmative vote of at least three members in order for the motion to be approved.

    (b)

    If a motion to approve an appeal fails, the appeal is automatically denied. If a motion to deny an appeal fails, another motion would be in order.

    (c)

    A tie vote on a motion for approval of an appeal shall be deemed a denial of the appeal. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

    (d)

    If no action is taken on an appeal, it shall be considered tabled and action deferred to the next regular meeting of the Board of Adjustments.

    (8)

    In taking action on an appeal, the Board of Adjustments may:

    (a)

    Approve, approve with changes, or deny the request; or,

    (b)

    Table the appeal for consideration at its next scheduled meeting; or,

    (c)

    Allow withdrawal of the appeal at the request of the appellant.

(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 2008-2-3, § I, 2-4-08; Ord. No. 2009-4-13, § I, 4-20-09; Ord. No. 2011-11-4, § I, 11-21-11)