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 Cherokee County
 Zoning
 Article 15. ZONING BOARD OF APPEALS

  § 15.18. Appeals.  

Latest version.

  • A.

    Appeal to board of commissioners. An appeal of a decision by the zoning board of appeals shall be to the Cherokee County Board of Commissioners, effected by submission of a letter of appeal to the board of commissioners, no later than ten days after the zoning board of appeals' decision has been rendered and provided to the applicant.

    B.

    Board of commissioners' discretion to review. The letter of appeal shall be placed on an agenda at the board of commissioners' next regularly scheduled meeting, and the board of commissioners shall determine at such meeting whether it will consider the appeal. If the board of commissioners decides that it will consider the appeal, the appeal shall then be placed on a future agenda of the board of commissioners with sufficient time to provide notice in accordance with state law and the Cherokee County Zoning Ordinance for the conduct of a public hearing. A denial of a review by the board of commissioners shall be an affirmation of the decision of the zoning board of appeals, and shall constitute the final decision of the Board of Commissioners of Cherokee County.

    C.

    Public hearing for appeal. When hearing an appeal, the board of commissioners shall conduct a public hearing to receive oral or written evidence from the appellant, from affected property owners, and from other interested parties as determined by the board of commissioners in its discretion. The board of commissioners shall confine the evidence to matters set forth in the decision of the zoning board of appeals, the minutes of the zoning board of appeals, and the applicant's notice of appeal. The proceedings shall be recorded and shall be open to the public.

    D.

    Decision of board of commissioners. Upon conclusion of the public hearing, the board of commissioners shall consider the matters under appeal and its action concerning the decision being reviewed. The board of commissioners' decision shall be announced in a public meeting, either following the hearing or at any other scheduled meeting. The decision of the board of commissioners shall be in writing and shall: (a) affirm the decision of the zoning board of appeals, or (b) return the matter to the zoning board of appeals for reconsideration, with or without direction, or (c) take such action by way of relief to the applicant as the board of commissioners deems appropriate and lawful.

    The decision of the board of commissioners shall be included in its meeting minutes and a written report thereof shall be sent to the appellant. Upon conclusion of the case or application, the record and all matters adduced at the board of commissioners' hearing shall be transmitted to the zoning administrator for retention.

    E.

    Appeal to superior court. Appeal of a decision of the board of commissioners shall be to the Superior Court of Cherokee County by writ of certiorari within 30 days of the date of the decision.

(Ord. No. 2009-Z-002, 10-6-09)