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1985-46
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1985-46
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Last modified
3/20/2019 12:12:58 PM
Creation date
10/5/2015 9:55:56 AM
Metadata
Fields
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Ordinances
Ordinance Number
1985-46
Adopted Date
05/15/1985
Ordinance Type
Zoning
State Filed Date
05\31\1985
Entity Name
Board of Adjustment and Appeals Repealing
Subject
Decision Making and Administrative Bodies
Administrative Procedures
Planning Commission Repeal Section 29
Codified or Exempt
Codified
Supplemental fields
SmeadsoftID
13307
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C. Vote Required. <br />A majority vote of all members of the Board of Zoning Adjustment <br />shall be necessary to reverse any order, requirement, decision, <br />or determination of administrative officials. <br />3. Appeal Procedures. <br />a. Initiation. <br />The applicant, any aggrieved party, or any officer, department, <br />board or bureau of Indian River County or any other resident of <br />the County may initiate an appeal. <br />b. Time Limit for Filing. <br />Appeals must be filed within thirty (30) days following action <br />by the respective official. <br />C. Filing of Appeal; Fees. <br />An appeal must be filed with the Planning and Development <br />division on a form prescribed by the County within the specified <br />time limit. All such appeals shall recite the reasons why such <br />an appeal is being taken. The appeal shall be accompanied by a <br />fee to be determined by resolution of the Board of County <br />Commissioners. The Director of Planning and Development shall <br />coordinate the appeal procedure with the office of the County <br />Administrator. <br />d. Public Hearin Notice. <br />All appeals shall be heard at a i7eeting of the Board of Zoning <br />Adjustment. All interested parties shall have a right to appear <br />before the Board of Zoning Adjust:-,ent and address specific <br />concerns directly related to the appeal. Any person may appear <br />by agent or attorney. All such hearings shall be conducted in <br />compliance with the rules of procedure for the Board of Zoning <br />Adjustment. Notice shall be provided in accordance with the <br />requirements for granting a variance. <br />4. Action by the Board of Zoning Adjustment; Findings of Fact. <br />At the public hearing scheduled for the purpose of hearing the <br />appeal, the Board of Zoning Adjustment may, in conformity with the <br />provisions of law and this ordinance, uphold, amend, or reverse <br />wholly or partly, the administrative action which is being appealed. <br />As such, the Board of Zoning Adjustment shall have all of the powers <br />of the administrative officer from whom the appeal is taken. In <br />reviewing an appeal of a decision by an administrative official, the <br />Board of Zoning Adjustment must make findings in the following areas: <br />a. Did the reviewing official fail to follow the appropriate review <br />procedures? <br />b. Did the reviewing official act in an arbitrary or capricious <br />manner? <br />C. Did the reviewing official fail to consider adequately the <br />effects of the proposed development upon surrounding properties, <br />traffic circulation or public health, safety and welfare? <br />d. Did the reviewing official fail to evaluate the application with <br />respect to the Comprehensive Plan of Indian River County? <br />The decision of the local Board of Zoning Adjustment shall be con- <br />sidered final unless further appealed. <br />5. Further Appeals from Action by the Board of Zoning Adjustment. <br />At any time within thirty (30) days following action by the Board of <br />Zoning Adjustment, the applicant or any aggrieved party meeting the <br />-12- <br />
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