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allegedly improperly issued; the land development <br />regulations supporting the applicant's position; and the <br />goals, objectives and/or policies of the Comprehensive <br />Plan supporting the applicant's position. The appeal <br />shall be accompanied by a fee to be determined by <br />resolution of the Board of County Commissioners. The <br />Community Development Director shall schedule the appeal <br />at the earliest available meeting of the Planning and <br />Zoning Commission. <br />(d) Notice of the appeal, in writing, shall be mailed by the <br />Planning Division to the owners of all land which abuts <br />the property upon which an appeal is sought, at least <br />seven (7) days prior to the hearing. The property <br />appraiser's address for said owners shall be used in <br />sending all such notices. The notice shall contain the <br />name of the applicant for the appeal, a description of <br />the land sufficient to identify it, a description of the <br />appeal requested, as well as the date, time and place of <br />the hearing. <br />(e) All appeals shall be heard at a meeting of the Planning <br />and Zoning Commission. All interested parties shall have <br />a right to appear before the Planning and Zoning <br />Commission and address specific concerns directly related <br />to the appeal. Any person may appear by agent or <br />attorney. All such hearings shall be conducted in <br />compliance with the rules of procedure for the Planning <br />and Zoning Commission. The time and place scheduled for <br />hearing shall be given to the applicant in writing after <br />an appeal application is submitted. <br />(4) Action by the Planning and Zoning Commission; Findings of Fact <br />At the hearing scheduled for the purpose of considering the <br />appeal, the Planning and Zoning Commission may, in conformity <br />with the provisions of law and these land development <br />regulations, uphold, amend, or reverse wholly or partly, the <br />administrative action which is being appealed. As such, the <br />Planning and Zoning Commission shall have all the powers of <br />the Community Development Director or his designee from whom <br />the appeal is taken. In reviewing an appeal of a decision by <br />the Community Development Director or his designee, the <br />Planning and Zoning Commission must make findings in the <br />following areas: <br />(a) Did the reviewing official fail to follow the appropriate <br />review procedures? <br />(b) Did the reviewing official act in an arbitrary or <br />capricious manner? <br />(c) Did the reviewing official fail to consider adequately <br />the effects of the proposed development upon surrounding <br />properties, traffic circulation or public health, safety <br />and welfare? <br />94 <br />