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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
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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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requirements for initiating an appeal may seek review of such deci- <br />sion by a court of competent jurisdiction, as approved by applicable <br />law of the State of Florida. <br />6. Effect of Filing an Appeal. <br />An appeal stays all proceedings in furtherance of the action appealed <br />from, unless the administrative official from whom the appeal is <br />taken certifies to the Board of Zoning Adjustment after the notice of <br />appeal is filed that by reason of facts stated in the certificate, a <br />stay would, in his or her opinion, pose imminent peril to life or <br />property. In such case, proceedings shall not be stayed other than <br />by a restraining order. <br />7. Transmittal of the Record. <br />The official, department, board or co:mittee from whom the appeal is <br />taken shall forthwith transmit to the decisionmaking body all papers, <br />documents and maps constituting the record of the action from which <br />the appeal is taken. <br />27 D. Uniform Public Hearing Procedures. <br />1. Setting the Hearing. <br />Upon determination by the Director of Planning and Development that <br />all applications and/or petitions for any actions which require a <br />public hearing, as set forth by the provisions of this ordinance have <br />been completed and/or filed, the appropriate decisionmaking body <br />shall be notified so a public hearing r.ay be set and noticed in <br />accordance with the provisions of this ordinance. <br />2. Examination and Copying of Application and Other Documents. <br />Any time after the provision of notice, as required by this ordi- <br />nance, any person, upon reasonable request, ;ray examine the applica- <br />tion or petition in question and the raterial submitted in support or <br />opposition to the application or petition in the Planning and Devel- <br />opment Division offices during regular business hours. Any- person <br />shall be entitled to obtain copies of the application or petition and <br />other materials upon reasonable request and payment of a fee to cover <br />the actual costs of providing such copies. <br />Conduct of the Hearing. <br />a. Rights of All Persons. <br />Any person may appear at a public hearing and submit documents, <br />materials and other written or oral testimony either individual- <br />ly or as a representative of an organization. Each person who <br />appears at a public hearing shall identify himself, his address, <br />and state the name and mailing address of any organization he <br />represents. The body conducting the public hearing may place <br />reasonable time restrictions on the presentation of testimony <br />and the submission of documents and other materials. <br />Rights of Parties. <br />Persons entitled to be parties at public hearings shall include <br />the applicant, the owner of the subject real property, and any <br />officer, department, board of commission of Indian River County. <br />In addition, any other person who, in the opinion of the hearing <br />body, has demonstrated a special interest in the outcome of the <br />matter distinct from that of the general public may be permitted <br />to intervene as a party. In addition to the rights granted to <br />persons in para. "1", above, all parties shall have the follow- <br />ing rights: <br />i. to be represented by counsel or an agent; <br />ii. to present witnesses; <br />-13- <br />
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