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ORDINANCE NO.2002-004 <br />(b) Did the reviewing <br />the <br />reviewing official <br />official <br />or commission <br />(a) Did the <br />reviewing <br />official <br />fail to follow the appropriate <br />application <br />apply the <br />review <br />procedures? <br />respect to <br />(b) Did the reviewing <br />the <br />reviewing official <br />official <br />or commission <br />fail <br />fail <br />to <br />properly <br />application <br />apply the <br />with <br />use or size and <br />respect to <br />the <br />comprehensive <br />dimension <br />regulations <br />development <br />for the respective <br />Indian <br />zoning <br />district(s)? <br />(c) Did the reviewing official fail to consider adequately the effects of the proposed <br />development upon surrounding properties, traffic circulation or public health, <br />safety and welfare? <br />(d) Did <br />the <br />reviewing official <br />fail <br />to evaluate <br />the <br />application <br />with <br />respect to <br />the <br />comprehensive <br />plan <br />and land <br />development <br />regulations of <br />Indian <br />River County? <br />The decision of the planning and zoning commission shall be final unless further <br />appealed. Not withstanding findings (a) through (d) above, the planning and zoning commission <br />may make additional findings of fact. <br />(5) Further appeals from actions by the planning and zoning commission. At any time within <br />tori. ��twenty-ane 21 idays following action by the planning and zoning <br />commission, the applicant, the county administration, or any department thereof, or any <br />other person whose substantial interests may be affected by the proceeding may seek <br />review of such decision by the board of county commissioners. The decision of the board <br />of county commissioners shall be final. At the hearing scheduled for the purpose of <br />considering an appeal of the planning and zoning commission's action, the board of <br />county commissions may, in conformity with the provisions of law and these land <br />development regulations, uphold, amend, or reverse wholly or partly, the decision by the <br />planning and zoning commission which is being appealed. Appeals of <br />planning and zoning commission decisions to deny rezoning_ applications are regulated in <br />section 902.12. All other types of appeals to the Board of County Commissioners shall be <br />followed in accordance with the same provisions of appeal procedures to the planning <br />and zoning commission, section 902.07(3), and the Board of County Commissioners shall <br />review the appeals with respect to the findings criteria of section 902.07(4). Any action <br />by the board of county commissioners reversing a planning and zoning commission <br />decision shall require three (3) affirmative votes. <br />(6) Effect of filing an appeal. The filing of an appeal shall terminate all proceedings which <br />further the action appealed until the appeal is resolved, except when the halting of such <br />action poses a threat to life or property. The planning and zoning commission shall make <br />this determination. Notwithstanding this provision, proceedings involving review of a <br />development application may proceed when an appeal of an administrative decision has <br />been filed and will be considered concurrent with the development application request. <br />(7) Transmittal of the record. Staff shall forthwith compile and transmit to the planningland <br />zoning commission all information documented which constitutes the record of action <br />from which the appeal is taken." <br />Coding: Words in s..._g are deletions from existing law. Words underlined are additions. <br />UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\90207-91406-91413-91307.DOC <br />