§ 58-204. Administrative appeals.

(a)

Any person aggrieved by any administrative determination made under this article, or by the application of any provision of this article, may appeal such determination or provision under this section.

(b)

The applicant or feepayor must file a notice of appeal with the central impact fee office within 30 days following the receipt of written determination of the amount of the development impact fee to be paid or entitlement to a refund, credit, or exemption.

(c)

All appeals shall be made to the Fulton County Board of Zoning Appeals through the zoning administrator's office following the county manager's decision on the applicability or amount of the development impact fee, or eligibility for or amount of a refund, credit, or exemption. No additional filing fee shall be charged to the applicant. The cost of processing the appeal shall be covered under the three percent administrative cost inherent in the impact fee schedule as permitted by the Georgia Development Impact Fee Act, O.C.G.A. § 36-71-2(18). Upon filing of an appeal, the county manager shall transmit to the Fulton County Board of Zoning Appeals all papers constituting the record upon which the action appealed is taken. The zoning administrator shall thereafter establish a reasonable date and time for a hearing on the appeal, give notice thereof to the parties in interest, and the board of zoning appeals shall decide the same within a reasonable time following the hearing. Any party taking an appeal shall have the right to appear at the hearing to present evidence and may be represented by counsel. Under article XXIII, section 22.9 of the Fulton County Zoning Resolution, any action by the board of zoning appeals is a final action. Therefore, if any person is aggrieved by a decision of the Fulton County Board of Zoning Appeals, they may take an appeal to the Superior Court of Fulton County within 30 days after the decision by the Fulton County Board of Zoning Appeals is rendered.

(d)

A developer may pay a development impact fee under protest to obtain a building permit, and by making such payment shall not be estopped from exercising this right of appeal or receiving a refund of any amount deemed to have been illegally collected.

(e)

The filing of an appeal shall not stay the collection of a development impact fee as a condition to issuance of development approval or a building permit.

(94-RM-121, pt. 1, art. XV, §§ 1—5, 5-18-94)

State law reference

Appeals, O.C.G.A. § 36-71-10.