§ 50-50. Appeal of an administrative decision.

(a)

After having complied with the application requirements of the director, should the owner of record of a parcel wherein a land disturbing activity is proposed dispute a decision of the director, the owner of record may appeal to the board of commissioners by filing a notice of appeal with the director.

(b)

The notice of appeal filed under this section shall address the reasons why the owner's request, if granted, would not impair the quality, vitality or stability of the protection area, and would not destroy more than a minimum amount of the vegetation within the protection area, and must show that if the decision of the director were upheld, more destruction of the riparian cover within the protection area would result.

(c)

The director shall review the notice of appeal filed under this section and transmit to the board of commissioners a written report of his findings and recommendations, which shall become a part of the official record.

(d)

The board of commissioners, having received the report of the director, making it a part of the official record, and having considered the written and oral statements of the owner and any other evidence, is authorized to and shall hear and decide appeals where it is alleged there is any error in any order, requirement, decision or determination made by the director in the administration or enforcement of this article. The decision of the board of commissioners shall not result in a violation or circumvention of any applicable condition of zoning, provision of the county zoning laws, subdivision regulations, or any other regulation.

(e)

A written copy of the findings and decision of the board of commissioners on an appeal under this section shall be transmitted to the applicant, to the Atlanta Regional Commission, to the director of the department of development control, and to the director of the department of inspections and permits.

(f)

An owner aggrieved by a decision of the board of commissioners under this section shall have the right to appeal to the superior court of the county by writ of certiorari.

(Ord. of 2-25-86, § 1.9; Code 1977, § 3-23-62)