CITY OF SAVANNAH GEORGIA

ZONING BOARD OF APPEALS

ORIENTATION MANUAL

FEBRUARY 2010

TABLE OF CONTENTS

GENERAL INTRODUCTION PAGE 2 CASE STUDIES PAGE 8 ARTICLE H-BOARD OF APPEALS PAGE 11 RULES AND PROCEDURES PAGE 18

GENERAL INTRODUCTION

The Savannah Zoning Board of Appeals The Savannah Zoning Board of Appeals (SZBA) is a quasi-judicial body created pursuant to the State of Georgia General Planning Enabling Act of 1957. The SZBA hears appeals of decisions by the Zoning Administrator and certain other boards in the City, evaluates and approves some uses within specific zoning districts, hears requests for variances from development standards, and considers requests for extensions of nonconforming uses. The five members of the Board are appointed by the Mayor and the Alderman of the City of Savannah. Meetings of the Savannah Zoning Board of Appeals are held every fourth Tuesday ofonce each month on the same weekday and time of the fourth week of the month, with the exception of Decemberon a day and time determined by the board at the end of the preceding year. Because of the holidays occurring at the end of December, the December meeting is scheduled for the third Tuesday. The function of Zoning Board of Appeals is a critical component of the judicial process. Because of its importance, this guide has been prepared as an aid in fulfilling the responsibilities vested in its members. The guide is an adaptation of a presentation by Dr. Michael Chandler entitled “Working With the Board of Zoning Appeals/Board of Adjustments.” Dr. Chandler presented the material at a conference sponsored by the University of Wisconsin, “Effective Zoning Administration Techniques,” on March 28, 2001, in Charlotte, North Carolina.

Comment [JB1]: This section (pages 3-11) is instructional, not statutory. The editing here is grammatical and to remove redundancies and irrelevancies, and to change the stiputaled meeting day and time to a “to be determined” statement.

Why Zoning Boards of Appeals Exist

Zoning Boards of Appeals exist:

• To prevent unfair application of an imperfect zoning ordinance by allowing some provisions of the zoning ordinance to be varied in specific circumstances.

• To protect the constitutionality of the zoning ordinance by allowing hardships to

be addressed administratively; and

• To keep the zoning ordinance out of the court by providing an administrative appeal process.

THE ZBA’S Legal Authority • US Constitution • Georgia Constitution • City of Savannah Zoning Ordinance (Article H- Board of Appeals) 1962

The Quasi-Judicial Nature of ZBA’s

• ZBA decisions involve the finding of facts and the exercise of limited discretion in applying predetermined policies to a situation.

• The ZBA must follow procedural rules set forth by the courts, including the

requirement of an evidentiary hearing.

• The ZBA must be court-like in applying the zoning ordinance to a specific case. The focus of the hearing is to gather evidence and provide a fair and impartial hearing.

• Ex parte (one-sided or partisan) contacts are prohibited. Board members must

not hear evidence presented away from the hearing room either by telephone or in person.

Zoning Board of Appeals Powers and Duties

The Savannah Board of Appeals exercises the following powers:

(A) Appeals from Administrative Actions

• The Zoning Board hears and decides appeals from any order, requirement, decision, or determination made by the zoning Zoning administrator Administrator of the City of Savannah or from decisions of the Historic District Board of Review or the MPC in its review of site plans. Visual compatibility factors considered by the Historic District Board of Review cannot be appealed to the Zoning Board of Appeals.

• Appeals may be taken by any person aggrieved by any officer,

department, board, or bureau of the governing authority under the following conditions:

Appeal must be taken within 30 days of the decision Notice of appeal must be filed with the zoning Zoning administrator Administrator and with the ZBA and must specify the alleged grounds for appeal.

Who is Aggrieved

• To be aggrieved , the applicant must show immediate, pecuniary, and substantial

interest: Non-property owners cannot be aggrieved, unless they are contract purchasers To be aggrieved a property owner must be denied a personal or property right, or have a burden or obligation imposed upon him that is different from that of the public generally

(B) Request for Permission to Establish Uses The Use Schedules in the Zoning Ordinance provide that certain uses can be permitted within specified zoning districts if approved by the Board of Appeals. The ordinance list eight findings that the Board must evaluate in determining whether the use should be permitted. (C) Request for a Variance The Board may authorize, upon request in specific cases, variances from the terms of the Zoning Ordinance as that will not be contrary to the public interest and upon a finding that:

• Owing to special conditions, a literal enforcement of the provisions of the zoning

ordinance will result in unnecessary and undue hardship. • Such hardship is not shared generally by other properties in the same zoning

district and the same vicinity; and

• There are unusual property conditions pertaining to size, shape, or topography.

• Relief, if granted, will not be of substantial detriment to adjacent property or change the character of the district.

Permitted Non-allowed Variances:

• A change in use which could be accomplished by a rezoning

Elements to establish the right to a variance:

The following statutory findings must be made:

• There are extraordinary and exceptional conditions pertaining to the particular property because of its size, shape, or topography.

• The strict application of the ordinance would create an unnecessary hardship;

• The hardship is not shared generally by other properties in the same zoning

district and the same vicinity, i.e. the conditions are peculiar to the property involved; and

• The variance will no be of substantial detriment to the public good or impair the

purpose and intent of the ordinance. The following guidelines are relevant to the above findings: Extraordinary and exceptional conditions: The strict application of the ordinance would effectively prohibit or unreasonably restrict the use of a lot because of a physical condition of the property. The ordinance would effectively prohibit or unreasonably restrict the use of the property because of its:

• Exceptional narrowness, shallowness, size or shape • Exceptional topographic conditions or other extraordinary situation or condition;

or • Extraordinary situation or condition of the property immediately adjacent

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Unnecessary hardship: A variance is necessary to alleviate a clearly demonstrable hardship that approaches confiscation of the property. Application of the zoning ordinance must deprive the owner of all reasonable use of the land. Variances provide a constitutional safety valve so that there is not a regulatory taking of the owner’s property. Determining Hardship: Unnecessary hardship exists where because of a condition of the property or adjacent property, strict application of the ordinance effectively prohibits or unreasonably restricts use of the property; or where, without a variance, there is clearly demonstrable hardship approaching confiscation of the property. Hardship may not be self-inflicted. Purchasing property knowing that a variance will be required to make intended use of the property is not a self-inflicted hardship. Violating a provision of the zoning ordinance then seeking variance to provide relief from the unlawful act is a self-inflicted hardship. Approval of a variance should only bring the lot to parity with similarly situated properties. Absence of evidence demonstrating hardship by the landowner is a sufficient basis to deny a variance.

Although a factor, financial loss, standing alone, by itself, cannot establish an extraordinary situation or a hardship approaching confiscation.

Evidence that property could be sold for a higher price with a variance does not

demonstrate unnecessary hardship. Statements about inability to sell the property do not demonstrate undue hardship

and are of little value.

Health, age and family -related problems do not constitute hardship. The conditions are peculiar to the property involved. The conditions that justify a variance must be unique. Conditions are not unique if they are shared by all other property in the same zoning district. If the conditions are not unique, the matter should be addressed by a zoning text or map amendment.

(D) Request for Extension of Nonconforming Use The Board of Appeals may authorize, upon appeal in specific case, an extension of an existing nonconforming use involving an increase in either or both the land area or the floor area in a building or buildings occupied by a nonconforming use upon a finding that:

• The use is nonconforming as defined in the ordinance; • The use is in full compliance with all requirements of the ordinance

applicable to nonconforming uses (ref: Article F. Nonconforming Uses); • The extension of the use will not further injure a permitted use on adjacent

property.

CASE STUDIES

Issue: Was adequate notice given of consideration of a variance? Facts: A property owner has applied for a variance from the ZBA for the construction of a convenience store. Notice was posted and published for the applicant but was not served on the owner of the neighboring land. Holding: Notice was inadequate. Issue: Whether property owners has a vested property right to build on land. Facts: Wanting to purchase and develop a narrow tract of land, the Snows acquired a variance to reduce the setback requirements. They spent money acquiring the property and preparing for construction. Two years after the purchase, the county amended the zoning ordinance prohibiting any construction on the property at all. Holding: Snows were vested. Denial of variance approaches confiscation. Issue: Whether placement of a house in violation of setback requirements constituted a hardship so as to justify a variance. Facts: The property owners built a house after having been assured by the local homeowners’ association that they could rely on the location of a telephone pedestal and water meter as marking the from front comers corners of the property. In fact, the house violated the county’s 10-foot side yard setback requirements and was less than a foot from the boundary line. About 2 two years later, the property owners applied for and were granted a variance by the ZBA which found that hardship existed. The circuit court upheld an appeal by the neighbors and the property owner appealed to the Supreme Court. Holding: Upheld. The hardship was self-inflicted. It was the owner’s responsibility to build the house in the proper location. Issue: Whether the ZBA and trial court validly approved the variance. Facts: The ZBA has approved a special exception permit and a lot area variance for the operation of a residential substance abuse group care facility. On appeal by the neighbors, the trial court affirmed the ZBA’s decision. (Note: the first time they were before the ZBA, the ZBA denied them on a 2-2 vote). Holding: Reversed. There was no unnecessary hardship that justified the lot area variance.

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Issue: Whether strict compliance with the setback requirement would have caused an unnecessary hardship. Facts: Landowner applied for a nine foot variance to make the lot marketable. The ZBA denied the application, citing a lack of any evidence showing hardship or unique condition. The trial court reversed the ZBA and granted a five-foot of hardship. The ZBA appealed. Holding: Reversed. The ZBA action is presumed to be correct unless there was a clear abuse of discretion. Issue: Whether Love Outreach was a church or not. Facts: Love Outreach was operating a day care center in an area zoned for single family homes and churches with ancillary day care facilities. Neighboring homeowners complained that the use was not permitted since Lover Love Outreach was not a church. The record included letters from neighbors stating that the property was not even open on the weekends' and those that public services were never held there. There was also a letter from the pastor stating that, although the congregation was 90% children, church activities included Bible studies, baptisms and communion. The ZBA had held that Love Outreach was a church and was; therefore, free to conduct day care activities ancillary to the property’s principal use. The neighbors appealed. Holding: Reversed. There was no evidence to support the contention that Love Outreach was a church. Scenarios Which May or May Do Not Warrant Variances Applicant can shift a structure that is in violation of the ordinance and by doing co can comply with ordinance, but he doesn’t want to pay to do so. (NoFinancial hardship alone is not sufficient grounds for granting a variance.) Garage was built one foot within setback because contractor for elderly property owner altered the plans while walking them through the plan review in order to obtain approval without redrawing them. (No. Self-inflicted conditions do not warrant variances.) A Pprevious similar variance for a deck within the setback was granted by the ZBA last month. (No. Variances were are considered case-by-case; there is no precedent.) Family A family with small children cannot afford to purchase larger lot and requests a variance from the setback requirements which currently preclude the construction of a garage, which they desperately need because their car is being repeatedly vandalized while parked in their driveway. ( No. Personal hardship cannot be a factor.) An applicant purchases the a property in good faith and later finds that for some reason the property does not completely meet zoning requirements and he has been charged with a violation. (No. The imposition of a fFine does not “approach confiscation of property.”)

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A bBuilder’s error which does not show up until the “wall check,” requires a variance”. (No. Hardship self-inflicted.) Property owner has been recently cited for keeping a horse, which he has in his possession because his granddaughter moved into a townhouse, on the his property in violation of the Zoning Ordinance, which he has in his possession because his granddaughter moved into a townhouse. (No. Personal hardship cannot be a factor). A pProperty owner desires to locate a deck addition on the ocean side of his house, which is on the beach, but doing so would result in it the structure being within the setback. Six other houses along the same beach are already within the setback as and are considered lawful nonconforming structures. (No. Setback established for public good. Violations do not constitute precedent.) A coupleFamily has a mother-in-lawrelative, who provides child care for their children. The mother-in-lawrelative cannot afford to live independently and the family has constructed a “mother-in-law apartment” with a separate second kitchen in violation of the Zoning Ordinance for the mother-in-law’s needs, so that she may live with them yet have some independence. (No. Personal hardship cannot be a factor.)

ARTICLE H.

BOARD OF APPEALS

Sec. 8-3161. Membership; appointment; term of office; vacancies; compensation.

(a) Membership and appointment. The board of appeals shall consist of five members residing within the city, appointed by the mayor and alderman, one of whom shall be a member of the planning commission. Except for the planning commission member, none of the board of appeals members shall hold any other public office. Board of appeals members shall be removable 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. (b) Term of Office. The term of office for each member of the board of appeals shall be for three years; however, in order that no more than two terms shall expire upon the same date, the term of the original members of the board shall be as follows: Two appointees shall server for two years, to appointees shall serve for three years, and the planning commission appointee shall serve for one year. Thereafter, each appointee shall be appointed to serve for three years, In the event the planning commission appointee shall cease to be a member of the planning commission during the term of his appointment to the board of appeals, his membership on the board shall terminate, and the mayor and the alderman shall name a member of the planning commission to fill the unexpired term of its original appointee. All other vacancies shall be filled in accordance with the appointment procedure for the unexpired term of any board of appeals member whose term becomes vacant. (c) Compensation. The board of appeals members shall receive no compensation for service, except that they shall be reimbursed for out-of-pocket expenditures made in connection with their duties. Sec. 8-3162. Officers; meetings; quorum; minutes; procedures generally. The board of appeals shall elect one of its members as chairperson and another of its members as vice-chairperson. The chairperson and vice-chairperson shall serve for one year or until either or both are re-elected or either or both of their successors are elected. No elected officer shall serve more than two consecutive terms in the same office. The board of appeals shall appoint a secretary who may be an officer or employee of the city or of the planning commission. The board of appeals shall be held at the call of

Comment [JB2]: This is the second of the Savannah Zoning Ordinance dealing with the Zoning Board of Appeals. The only edits in this section are to make the text conform to the language in the ordinance as adopted by the Savannah City Council. Typos and spelling errors have been corrected, only.

the chairperson and at such other times as the board may determine. Three members of the board shall constitute a quorum. The chairperson, or, in his absence the vice-chairperson, may administer oaths and compel the attendance of witnesses by subpoena. The board of appeals 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 the board and shall be a public record. The decision of the board of appeals 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 of appeals for a period of 12 months following the dare date of such resolution, except that this limitation shall not affect the right of the board to grant a rehearing as provided in the rules of procedure adopted by the Board . Sec. 8-3163. Powers and duties generally. (a) Appeals from administrative actions. The board of appeals shall hear and decide upon appeals where it is alleged there is erroe error in any order, requirement, decision or determination made by the xoning Zoning administrator Administrator in the enforcement of theis chapter, or from any decision of the historic Historic district District board Board of review Review and metropolitan Metropolitan planning Planning commission Commission site plan reviews. (b) Request for permission to establish uses. The board of appeals shall hear and decide upon requests for permission to establish uses upon which the board of appeals is required to pass under the terms of this chapter. The application to establish such use shall be approved on a finding by the board of appeals that:

(1) The proposed use does not affect adversely the general plans for the physical development of the city, as embodies in this chapter, and in any master plan or portion thereof adopted by the mayor and the alderman.

(2) The proposed use will not be contrary to the purposes

stated for this chapter.

(3) The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood.

(4) The proposed use will not be detrimental to the use or

development of adjacent properties or the general neighborhood.

(5) The proposed use will not be affected adversely by the existing uses.

(6) The proposed use will not be placed on a lot of sufficient

size to satisfy the space requirements of such use.

(7) The proposed use will not constiture constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fume generation or type of physical activity.

(8) The standards set forth for each particular use for which a

permit may be granted heave been met. Provided, that the board Board of appeals Appeals may impose or require 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. Provided, that the proposed use shall be subject to the minimum area, setback and other locational requirements of the zoning district in which it be located. Provided, that the proposed use shall be subject to the off-street parking and service requirements of this chapter. Provided, that wherever the board Board of appeals Appeals shall find, in the case of any permut permit granted pursuant to the provisions of this chapter, that any of the terms, conditions or restrictions upon which such permit was granted and are not being complied with, the board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

(c) Request for a Variance. The board of appeals may authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done; provided, however, a variance shall not be granted for a use of land or building or structure that is prohibited by the chapter in the district in question. Such variance may be granted in an individual case upon a finding by the board of appeals that: (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 application of this chapter to this particular piece of property would create an unnecessary hardship.

(3) Such conditions are peculiar to the particular piece of property

involved.

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

(d) Request for extension of nonconforming use. The board of appeals may

authorize, upon appeal in specific cases, an extension of an existing nonconforming use involving an increase in either or both of the land area or the floor area in a building occupied by a nonconforming use. Such extension may be granted in an individual case upon a finding by the board of appeals that: (1) The use is nonconforming according to these regulations. (2) The use conforms to the requirements of section 8-3163 (b), Request

for permission to establish uses.

(3) A nonconforming use of land where no building or structure is involved may be extended only with the legal boundaries of the lot of record which existed at the time when the use became nonconforming.

(4) A nonconforming use which utilizes a building or structure may be

expanded only within the area of the building or structure at existingwhich existed at the time when the use became nonconforming use and only when such building or structure or portion thereof is clearly designed to house the same kind of use.

Sec. 8-3164. Assistance by zoning Zoning administratorAdministrator; occupancy permit required.

(a) Required. The zoning Zoning administrator Administrator shall provide such technical, administrative, and clerical assistance and office space as is required by the board Board of appeals Appeals to carry out its function under the provisions of this chapter.

(b) Occupancy permit required. An occupancy permit shall be issued by the

zoning Zoning administrator Administrator before any land or building area is occupied where the board Board of appeals Appeals has granted a variance from the minimum space requirements for “off-street parking and service requirements”, of this chapter, or where permission has been granted to utilize remote off-street parking.

Sec. 8-3165. Appeals.

(a) Who May Appeal. Appeals from an administrative action as set forth in section 8-3163(a) to the board of appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the governing authority affected by any such administrative action. 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 Zoning administrator Administrator with the board of appeals a notice of appeal specifying the grounds thereof. The zoning Zoning administrator Administrator shall forthwith transmit to the board Board of appeals Appeals all the papers constituting the record upon which the action appealed from was taken.

(b) Legal proceeding stayed. An appeal stays all legal proceedings in

furtherance of the action appealed from unless the zoning Zoning administrator Administrator certifies to the board Board of appeals Appeals 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 restraining order which may be granted by the board Board of appeals Appeals or by a court for record on application, on notice to the zoning Zoning administrator Administrator and on due cause shown.

(c) Presentation of evidence. The appellant and any public agency or

private individual shall be entitled to present evidence on matters before the board Board of appealsAppeals, and the board may request technical service, advice, data, or factual evidence from the planning commission and the governing authorities for assistance in reaching decisions.

Sec. 8-3166. Calendar of Appeals. Appeals and applications filed in proper form shall be numbered serially, docketed and placed upon the calendar of the board Board of appealsAppeals. The calendar of appeals to be heard shall be posted conspicuously in the office of the board Board of appeals Appeals and in the office of the zoning Zoning administrator Administrator during the period before such hearing date. Sec. 8-3167. Public Hearings.

(a) Notice of hearing shall be given. Before making its decision on any appeal, request for permission to establish a use, request from a variance or on any other matter within the board Board of appeals’ Appeals’ purview, the board shall hold a public hearing thereon. At least 15 days

notice of the time and place of such hearing shall be sent to the appellant or petitioner, to the planning commission, to the zoning Zoning administrator Administrator 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 such property. Such notice shall contain the name of the appellant or petitioner; the date, time and place fixed for the hearing; and a brief statement of the error alleged by the appellant or of the variance use requiring special approval or other relief requested.

(b) Erection of signs. At least 15 days prior to the scheduled date of public

hearing of an application, the applicant shall erect a sign, to be furnished by the zoning Zoning administrator Administrator or on the land for which the appeal is made. Such sign shall be erected by the applicant within ten feet of whatever boundary line of such land abuts the most traveled public road; and, if no public road abuts thereon, then such sign shall be erected to face in such manner as they may be most readily seen by the public. The lower edge of the sign face shall be of sufficient height so as to be read from the roadway. The sign furnished by the zoning Zoning administrator Administrator shall be nonreturnable, weather resistant or equal, shall have a minimum size of 30 to by 40 inches, shall show the application number, the type of relief sought, the scheduled date, time and place of public hearing , and the telephone number to call for further information.

(c) Adjournment of hearings. Hearings may be adjourned from time to time,

and, if the time and place of the continued hearing be publicly announced at the time of the adjournment, no further notice of such continued hearings shall be required; otherwise, notice thereof shall be given, as in the case of the original hearing.

(d) Who May Appear: Any party may appear at the public hearing in person or

by agent or by attorney.

(e) Public notice in newspaper: The board Board of appeals Appeals shall give public notice of the hearing in a newspaper published and circulated in the city by advertisement published at least 15 days prior to the date of the public hearing.

(f) Rehearings. Any applicant requesting a rehearing shall file such request in

the same manner as the original application, within five days following the board’s decision on the petition for which a rehearing is being sought. The board may grant a rehearing only for petitioners submitting new and relevant information. Applications for a rehearing shall be denied upon a finding by the board that there has been no substantial charge change in facts, evidence or conditions relative to the petition in question. Upon

approval of a request for a rehearing, the board shall rehear the petition in question at the same meeting.

(g) Appeals. Appeals from decisions of the board shall be superior court. All

such appeals shall be made in writing within 30 days of the date of such decision. An application for rehearing shall not stay or alter the 30-day time limit for appealing the board’s decision to superior court.

Sec. 8-3168. Forms. Appeals, requests for permission to establish a use requiring special approval, requests for variances and requests for extension of nonconforming uses shall be made on forms provided therefore, and all information required on such forms shall be provided by the appellant. Forms shall be filed with the board Board of appealsAppeals, and the appellant shall pay the board for expenses incidental to the appeal. No form shall be accepted by the board of appeals of appeals unless it contains all pertinent information and is accompanied by the required fee to defray expenses.

____________ The following Rules and Procedures (Rules) define the basic procedural operations of the Savannah Zoning Board of Appeals (SZBA). These procedural policies, unlike Article H in the Savannah Zoning Ordinance, are amended by the SZBA. These Rules and Procedures were amended in April 2000 and in June 2005.

RULES AND PROCEDURES

ARTICLE I

MEETINGS

Section 1. Regular meetings of Board of Appeals shall be once each month on the same weekday and time of the fourth week of the month, on a day and time determined by the board at the end of the preceding year, held at 2:30 P.M., on the fourth Tuesday of each month in the Metropolitan Planning Commission Conference Room, 112 East State Street, Savannah Georgia, or in any other designated meeting place, provided the location is specified in all notices as required by law.

Section 2. Special meetings may be called by the Chairperson at the request of three

members, of which notice shall be given each member at least 48 hours before the time set, except that announcement of a special meeting at any meeting at which all members are present shall be sufficient notice of such meeting. Notice of special meetings shall be posted in the place where the

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Comment [JB3]: The following are the actual by-laws of the Zoning Board of Appeals and are not statutory. As stipulated in the next paragraph, the Rules and Procedures may be amended by the SZBA.

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meeting will be held. Notice of special meetings shall also be given to the newspaper in accordance with the Georgia Open Records and Public Meetings law.

Section 3. Except, as provided herein and in the City of Savannah Zoning

Regulations, meetings shall be conducted according to Robert’s Rules of Order, latest edition.

ARTICLE II

CASES BEFORE THE BOARD

Section 1. Each appeal to the Board shall be taken within 30 days from the date of

refusal of a permit by the Zoning Administrator, or date of order, ruling, decision, or determination of the Zoning Administrator. Appeals made after 30 days from the date aforesaid shall not be considered by the Board.

Section 2. Each appeal to the Board, whether from an order, decision or

determination of the Zoning Administrator or whether for a special exception or for a variance, shall be made on an official application form.

Section 3. All information called for in the application form shall be furnished by the

appellant in the manner therein prescribed insofar as practical, and all notices shall be given as prescribed by the Board.

Section 4. The Board may reject an appeal unless made on the prescribed form

properly filled out with all required data attached. Section 5. Any communication purporting to be an application shall be regarded as

mere notice to seek relief until it is made in the form with all required data attached.

Section 6. Any appellant may withdraw his application prior to a decision by the

Board. Section 7. Any appellant requesting a rehearing shall file such request in the same

manner as the original application, within five days following the board’s decision on the petition for which a rehearing is being sought. The Board may grant a rehearing only for petitioners submitting new and relevant information. Applications for a rehearing shall be denied upon a finding by the Board that there has been no substantial change in facts, evidence, or conditions relative to the petition in question. Upon approval of a request for rehearing, the Board shall rehear the petition in question at the same meeting during which the request for rehearing is considered.

Section 8. Any appellant requesting a rehearing shall file such request in the same manner as the original application, within five days following the board’s decision on the petition for which a rehearing is being sought. The Board may grant a rehearing only for petitioners for submitting new and relevant information. Applications for a rehearing shall denied upon a finding by the Board that there has been no substantial change in facts, evidence, or conditions relative to the petition in question. Upon approval of a request for rehearing, the Board shall rehear the petition in question at the same meeting.

Section 98. Appeals from decisions of the Board shall be to Superior Court. All such

appeals shall be made in writing within thirty (30) days of the date of such decision. An application for rehearing shall not stay or alter the thirty (30) day time limit for appealing the board’s Board’s decision to Superior Court.

ARTICLE III

THE DOCKET AND CALENDAR

Section 1. Each appeal filed in proper form with the required data shall be numbered

serially, docketed, and shall be placed upon the calendar of the Board by the Secretary thereof. The docket numbers shall indicate the number of the year in which the application id is filed.

Section 2. All cases docketed mire more than twenty-two (22) days preceding a

regular meeting day, prior to the scheduled cut-off date and in which the 15-day notice requirement has been compiled-, shall be automatically set for hearing on the next succeeding regular meeting day, provided that requirements for notification in accordance with Article V (below) have been met. Cases docketed within 20 22 days or less of the regular meeting day, or after the scheduled cut-off date, shall be set for hearing on the second regular meeting day after the docketing of the application.

Section 3. Appeals shall be heard in the order in which they appear on the calendar,

except that an application may be advanced for hearing by order of the Board upon good cause. Where all appeals cannot be disposed of on the day set, or if additional information is desired, the Board may adjourn until a designated day, or until the next regular meeting, as it may order.

ARTICLE IV

DOCKET, MINUTES AND DECISION BOOKS

Section I. The Secretary shall be provided with a Docket and Minutes Book, which

he/she shall keep posted to date. The docket shall be recorded in a well-

bound book, or in an electronic format in which the Secretary shall enter and shall include the number of the appeal; the name of the appellant, a short description by street number or otherwise, of the premises; the nature of the application; and the Board’s final disposition concerning the case. All continuances, postponements, dates of sending notices and other steps taken and acts done shall be noted on the docket or in the official file of the application. The minutes book shall contain a summary of all actions taken by the Board during the course of its public meetings.

Section 2. The Decision Book or the official file of the application shall contain the

decision relating to each case acted on, together with the vote of each member of the Board, those absent beings so marked, together with all other actions of the Board.

ARTICLE V

PUBLIC NOTICE

Section 1: Fifteen At least fifteen days (15) prior to the scheduled public hearing, the

Secretary shall send notice of the time and place of the public hearing to the appellant, to the Zoning Administrator, 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 such property. Such notice shall contain the name of the appellant, the date, time and place fixed for the hearing, and a brief statement of the error alleged by the appellant or of the variance, use requiring special approval, or other relief requested. The notice shall request that the petitioner or his/her agent be present at the hearing.

Section 2: The Secretary shall give public notice of the hearing in a newspaper

published and circulated in the City by advertisement published at least five (5) days prior to the date of the public hearing.

Section 3. Erection of Signs. At least twelve (12) days prior to the scheduled date of

public hearing of an application, the applicant shall erect a sign, to be furnished by the Zoning Administrator, on the land for which the appeal is made. Such sign shall be erected by the applicant within ten (10) feet pf of whatever boundary line of such land abuts the most traveled public 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 lower edge of the sign face shall be of sufficient height so as to be read from the roadway. The sign furnished by the Zoning Administrator shall be nonreturnable, weather-resistant or equal, shall have minimum size of 30 to by 40 inches, shall show the application number, the type of relief sough, the scheduled date, time and place of public hearing, and the telephone number to call for further information.

Section 4. No notice other than that required by Georgia laws and the Zoning

Ordinance of the City of Savannah will be given to applicants or others interested in hearings by the board.

ARTICLE XI

HEARINGS

Section 1. Hearings shall be held by the Board of Appeals in the Conference Hearing

Room of the Metropolitan Planning Commission, 112 East State Street, Savannah, Georgia; or in any other designated meeting place, provided the location is specified in all notices as required by law.

Section 2. A quorum for hearing by the Board shall consist of three (3) members, but

a lesser number may meet and adjourn a meeting. Section 3. Hearings shall be open to the public. Section 4. The Board shall publish the rules to govern all hearings and shall make

such rules available to appellants or to the general public upon request. Section 5. At least one copy of all advisory reports to the Board shall be available to

appellants or to the general public upon request. Section 6. An appellant may appear in his own behalf or be represented by agent or

attorney at hearings. If the appellant or his/her agent or attorney fail to appear, the Board may proceed to dispose of the matter on the record before it, or continue said matter until the next regular meeting.

Section 7. All witnesses intending to speak in favor of or in opposition to a proposed

variance, authorization of a specific use, or other action by the Board, shall be sworn under oath by the Chairperson; the right of cross-examination shall be available to every party.

Section 8. No petitions signed by persons not present at the hearing shall be admitted

onto evidence except by stipulation of all parties to the hearing. Section 9. Technical rules of evidence may not be applicable to the hearing, but the

Board shall exclude irrelevant, immaterial, or unduly repetitious evidence and such evidence as is not of the kind, which would affect reasonable men in the conduct of their daily affairs. Witnesses shall limit testimony to ten (10) minutes unless authoriezed by the Board to testify for a longer time.

Section 10. All exhibits accepted in evidence shall be identified and duly preserved, or, if not accepted in evidence shall be properly identified and the reason for the exclusion clearly noted on the record.

Section 11. The order of presentation at a hearing may be as follows:

(a) Announcement of case by Chairperson (b) MPC Staff Report and other advisory official’s reports (c) Interested property owner’s statements (d) Appellant’s rebuttal

Section 12. The Chairperson, or in his absence the Vice-Chairperson, may issue all

necessary subpoenas.

ARTICLE VII

DECISIONS OF THE BOARD

Section 1. In a case of appeal from the decision of the Zoning Administrator, the Board shall affirm, modify, or reverse the refusal of a permit by, or any order or decision of, the Zoning Administrator. In a case of an application for variance from the terms of the Zoning Ordinance or authorization to establish a use (special exception), the Board shall set forth what the application is denied or that it is granted with conditions or without conditions; and said decision shall specifically set forth what variances or special exceptions are permitted and what conditions, if any, shall be complied with.

Section 2: Each decision of the Board shall require the majority of the members

voting at a legally constituted meeting. Section 3. No finding by the Board shall be made unless based upon evidence

introduced at public hearing or recorded within the official records of the municipality, county, or other public agency and unless such records are available to the public.

Section 4. The Board shall support its conclusions by findings of fact and shall recite

with particularity the reasons for its conclusions in the specific case before it.

Section 5. Each decision or opinion 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 decision and resolution shall be mailed to the appellant.

ARTICLE III

PRECEDENTS

Section 1. No action of the Board of Appeals shall establish a precedent. Each case

shall be decided upon its merits and upon the circumstances attendant thereto.

ARTICLE IX

OFFICERS

Section 1. The Board shall annually elect a Chairperson and Vice Chairperson at the

first regular meeting in September January or by special election in the event of a vacancy. A special election may be held at any regularly scheduled meeting or at a special meeting, in accordance with Article I Section 2.

Section 2. The Chairperson shall preside at all meetings and hearings of the Board. In

the event of the absence of disability of the Chairperson, the Vice-Chairperson shall preside.

Section 3. The Chairperson, subject to these rules, shall decide all points of

procedure unless otherwise directed by a majority of the Board in session at the time.

Section 4. The Chairperson may designate members of the Board to make property

inspections or investigations to obtain pertinent information from the Board when necessary, and unless directed otherwise by a majority of the Board, shall appoint such committees, as he deems necessary.

Section 5. The Chairperson shall report at each meeting on all official transactions

that have not otherwise come to the attention of the Board. Section 6. The Chairperson shall, subject to these rules and further instructions from

the Board, transact the official business of the Board, supervise the work of the Secretary, request necessary help and direct the work of all subordinates.

Section 7. The Secretary shall be such person as may be designated by a majority of

the Board. Section 8. The Secretary, subject to the provisions of the Zoning Ordinance, these

rules, and the direction of the Board and its Chairperson, shall conduct all correspondence of the Board; shall attend all meetings of the Board and all

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hearings; shall scrutinize all applications to see that these rules are complied with; shall keep the dockets and minutes of the Board proceedings; shall compile all required records; shall maintain the necessary files and indexes and generally supervise all clerical work of the Board.

Section 9. The Secretary to the Board of Appeals and/or the Zoning Administrator or

their designated representatives shall request from the applicant such additional information and data as may be required to fully advise the Board with reference to the application, whether such information and data are called for on the official forms or not. Any failure or refusal on the part of the applicant to furnish such additional information or data may be grounds for dismissal of the application by the Board.

ARTICLE X

INFORMAL REQUESTS FOR ADVICE

Section 1. No informal requests for advice, or moot questions, will be considered by

the Board. Any advice, opinion, or information given by any Board member or the Secretary, or any other official or employee of the City of Savannah, shall not be binding on the Board. Because of the annoyance caused by individuals appealing personally to members of the Board, it is declared to be the policy of the Board to deprecate any such personal appeals.

ARTICLE XI

AMENDMENTS

Section 1. These rules may be amended or modified by any affirmative vote of not

less than four (4) members of the Board, provided that such amendments be presented in writing at a regular meeting and action taken thereon at a subsequent regular meeting.

Section 2. The following forms are included with all properly filed applications: Page i Application to the Board Page ii Notice of Public Hearing to Property Owners concerning Application Page iii Public Notice Published in Newspaper Page iv Decision of the Board