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ORDINANCE NO. 2002-004 <br />(c) Any action reversing the community development director's decision shall require <br />four (4) affirmative votes of the planning and zoning commission. <br />(3) Appeal procedures. <br />(a) The applicant, or any other person(s) whose substantial interests may be affected <br />during the development review process, may initiate an appeal. <br />(b) Appeals <br />must <br />be filed <br />within <br />fifteeft <br />twenty-one <br />(2 1) <br />days <br />from the <br />date of <br />(e) All appeals <br />shall <br />.11 .11 <br />heard <br />at a meeting <br />notification <br />letter rendering the <br />decision by the <br />respective official. <br />Appeals <br />commission. <br />may <br />All interested <br />parties <br />shall <br />have <br />a right to <br />be concurrent <br />with requests <br />for <br />approval <br />and <br />of a development <br />application(s). <br />(c) An appeal must be filed within the specified time limit with the planning division <br />on a form prescribed by the county. All such appeals shall recite the reasons such <br />an appeal is being taken. The appeal should identify: the error alleged; the <br />ordinance allegedly improperly interpreted or the requirement decision or order <br />allegedly improperly issued; the land development regulations supporting the <br />applicant's position; and the goals, objectives and/or policies of the <br />comprehensive plan supporting the applicant's position. The appeal shall be <br />accompanied by a fee to be determined by resolution of the board of county <br />commissioners. The community development director shall schedule the appeal at <br />the earliest available meeting of the planning and zoning commission. <br />(d) Notice of the appeal, in writing, shall be mailed by the planning division to the <br />owners of all land which abuts the property upon which an appeal is sought, at least <br />seven (7) days prior to the hearing. The property appraiser's address for said owners <br />shall be used in sending all such notices. The notice shall contain the name of the <br />applicant for the appeal, a description of the land sufficient to identify it, a <br />description of the appeal requested, as well as the date, time and place of the hearing. <br />(4) Action by the planning and zoning commission; findings of fact. At the hearing scheduled <br />for the purpose of considering the appeal, the planning and zoning commission may, in <br />conformity with the provisions of law and these land development regulations, uphold, <br />development director or his designee from whom the appeal is taken. In reviewing an <br />appeal of a decision by the community development director or his designee, the planning <br />and zoning commission must make findings in the following areas: <br />Coding: Words in stHEe mreugk are deletions from existing law. Words underlined are additions. 2 <br />UILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\90207-91406-91413-91307.DOC <br />(e) All appeals <br />shall <br />be <br />heard <br />at a meeting <br />of <br />the planning <br />and <br />zoning <br />commission. <br />All interested <br />parties <br />shall <br />have <br />a right to <br />appear <br />before the <br />planning <br />and <br />zoning <br />commission <br />and <br />address <br />specific <br />concerns <br />directly <br />related <br />to the <br />appeal. <br />Any <br />in <br />person may <br />appear <br />by <br />agent <br />or attorney. <br />All <br />such <br />hearings <br />shall <br />be <br />conducted <br />compliance <br />with <br />the <br />rules <br />of procedure <br />for <br />the planning <br />and <br />zoning <br />commission. <br />The time and <br />place <br />scheduled <br />for <br />hearing <br />shall be <br />given to <br />the applicant <br />in writing <br />(4) Action by the planning and zoning commission; findings of fact. At the hearing scheduled <br />for the purpose of considering the appeal, the planning and zoning commission may, in <br />conformity with the provisions of law and these land development regulations, uphold, <br />development director or his designee from whom the appeal is taken. In reviewing an <br />appeal of a decision by the community development director or his designee, the planning <br />and zoning commission must make findings in the following areas: <br />Coding: Words in stHEe mreugk are deletions from existing law. Words underlined are additions. 2 <br />UILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\90207-91406-91413-91307.DOC <br />