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(1) Purpose and intent. This section is established to provide a mechanism for the hearing and resolution of appeals <br />of decisions or actions by the community development director or his designee and for further appeals from <br />decisions and actions from the planning and zoning commission. <br />(2) Authorization. <br />(a) The planning and zoning commission of Indian River County shall be authorized to: <br />1. Hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, <br />or determination made by the community development director or his designee in the application and <br />enforcement of the provisions of the land development regulations. <br />2. Hear and decide appeals when it is alleged that there is an error in the interpretation or application of <br />a provision(s) of these land development regulations in relation to a development application. <br />Decisions rendered by the planning and zoning commission may be appealed to the board of county <br />commissioners which shall have the power to hear and decide such appeals. <br />(b) Upon appeal and in conformance with the land development regulations, the planning and zoning <br />commission in exercising its powers may reverse, may affirm wholly or partly, or may modify the order, <br />requirement, decision, interpretation, application or determination of the community development director <br />or his designee. <br />(c) Any action amending or reversing wholly or partly the community development director's decision shall <br />require 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 maybe affected during the development <br />review process, may initiate an appeal. <br />(b) Appeals must be filed within twenty-one (21) days from the date of notification letter rendering the decision <br />by the respective official. Appeals may be concurrent with requests for approval of a development <br />application(s). <br />(c) An appeal must be filed within the specified time limit with the planning division on a form prescribed by <br />the county. All such appeals shall recite the reasons such an appeal is being taken. The appeal shall identify: <br />the error alleged; the ordinance allegedly improperly interpreted, or the decision or order allegedly <br />improperly issued; the land development regulations supporting the applicant's position; and the goals, <br />objectives and/or policies of the comprehensive plan supporting the applicant's position. The appeal shall <br />be accompanied by a fee to be determined by resolution of the board of county commissioners. The <br />community development director shall schedule the appeal at the earliest available meeting of the planning <br />and zoning commission. <br />(d) Notice of the appeal, in writing, shall be mailed by the planning division to the owners of all land which <br />abuts the property upon which an appeal is sought at least seven (7) days prior to the hearing. The property <br />appraiser's address information for said owners shall be used in sending all such notices. The notice shall <br />contain the name of the applicant for the appeal, a description of the land sufficient to identify it, and a <br />description of the appeal requested, as well as the date, time and place of the hearing. <br />(e) All appeals shall be heard at a meeting of the planning and zoning commission. At the appeal hearing, all <br />interested parties shall have a right to appear and address specific concerns directly related to the appeal. <br />Any person may appear by agent or attorney. All such hearings shall be conducted as de novo hearings and <br />ATTIWENT 5 <br />