ARTICLE XIII: APPEAL PROCEDURES This Article is established to identify the procedure whereby any aggrieved party may appeal the decision of the Zoning Administrator.
Section 13.1
Appeal to the Planning and Zoning Commission
Any person or persons, jointly or severally aggrieved by any decision (including the failure to decide within thirty (30) days upon submission of all documents required by this ordinance) of the Zoning Administrator, has the right of appeal to the Madison County Planning and Zoning Commission, if the appeal is filed with the Madison County Planning and Zoning Department within thirty (30) days of the rendering of the decision by the Zoning Administrator. Such appeal must be in writing stating the reason(s) for the appeal and include any documentation, which might assist the Planning and Zoning Commission in rendering a decision on the appeal.
Section 13.2
Appeal from the Planning and Zoning Commission
Any person or persons, jointly or severally aggrieved by any decision (including failure to decide within thirty (30) days upon submission of all documents required by this ordinance) of the Madison County Planning and Zoning Commission has the right of appeal to the Madison County Board of Commissioners, if such appeal is filed with the Clerk of the Madison County Board of Commissioners within thirty (30) days of the rendering of the decision by the Planning and Zoning Commission. Appeals must be in writing stating the reason(s) for the appeal and include any documentation, which might assist the Board of Commissioners in rendering a decision on the appeal. Should the appeal relate to any land use decision for which the Planning and Zoning Commission has approving authority, adjoining property owners must be furnished a copy of the written appeal and the hearing date and subject matter must be advertised in a local newspaper of general circulation prior to the date of the hearing by the Board of Commissioners.
Section 13.3
Appeal from the Board of Commissioners
Any person or persons, jointly or severally aggrieved by any decision of the Madison County Board of Commissioners has the right of appeal to a court of law if such appeal is filed with the Clerk of the Superior Court of Madison County within thirty (30) days of the rendering of the decision by the Madison County Board of Commissioners.
Section 13.4
Stay of Proceedings
An appeal to the Court of Record stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the County Attorney after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property.
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