§ 120-90. Administrative Appeal and Judicial Review.

This appeals process applies in all cases except those relating to zoning activities or as stated elsewhere in this Unified Development Ordinance..

120-90.1   Administrative Appeal. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any official of the County affected by any decision by the Department of Planning and Development Director. Such appeal shall be taken within fifteen days after the decision appealed from by filing with the Department of Planning and Development Director and with the Zoning Board of Appeals a Notice of Appeal specifying the grounds thereof. The Department of Planning and Development Director shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

120-90.2  An appeal shall stay all proceedings in furtherance of the action appealed from unless the Department of Planning and Development Director certifies to the Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril, to life or property. In such a case, proceedings shall not be stayed otherwise than by the Zoning Board of Appeals or by a restraining order granted by a court of record on application, and notice to the Department of Planning and Development Director for good cause shown.

120-90.3  Any person aggrieved by a decision or order of the Zoning Board of Appeals or Board of Commissioners, shall have the right to appeal by certiorari to the Superior Court of Gwinnett County. Any such appeal shall be filed within 30 days from the date of the decision of the Zoning Board of Appeals or Board of Commissioners. Upon failure to file the appeal within 30 days, the decision of the Board of Commissioners shall be final.