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in compliance with the rules of procedure for the planning and zoning commission. The time and place scheduled for the hearing shall be provided to the applicant in writing after an appeal application is submitted. (f) Prior to the appeal hearing, all relevant information regarding the action from which the appeal is taken shall be compiled and transmitted by staff to the planning and zoning commission. (4) Action by the planning and zoning commission, findings of fact. At the appeal hearing, the planning and zoning commission, inconformity with the provisions of law and these land development regulations, may uphold, overturn, or overturn and affirm in part the decision being appealed. In reviewing an appeal, the planning and zoning commission shall make findings in the following areas: (a) . Did the reviewing official fail to follow the appropriate review procedures? If so, what procedural error was made? (b) Did the reviewing official fail to properly interpret or apply the applicable zoning district regulations? If so, what error in interpretation or application of zoning district regulations was made? (c) Did the reviewing official fail to properly evaluate the application or request with respect to the comprehensive plan and land development regulations of Indian River County? If so, what error was made in evaluating the application or request with respect to the comprehensive plan policy or land development regulations? The decision of the planning and zoning commission shall be final unless further appealed. Not withstanding findings (a) through (c) above, the planning and zoning commission may make additional findings of fact. (5) Further appeals from actions by the planning and zoning commission. At any time within twenty-one (21) days following action by the planning and zoning commission, the applicant, the county administration, any department thereof, or any other person whose substantial interests may be affected by the proceeding may seek review of such decision by the board of county commissioners. The decision of the board of county commissioners shall be final. At the hearing scheduled for the purpose of considering an appeal of the planning and zoning commission's action, the board of county commissions may, in conformity with the provisions of law and these land development regulations, uphold, amend, or reverse wholly or partly the decision by the planning and zoning commission which is being appealed. Appeals of planning and zoning commission decisions to deny rezoning applications are regulated in section 902.12. All other types of appeals to the board of county commissioners shall be conducted in accordance with the provisions of subsection 902.07(3), and the board of county commissioners shall review the appeals with respect to the findings criteria of subsection 902.07(4). Any action by the board of county commissioners reversing a planning and zoning commission decision shall require three (3) affirmative votes. (6) Effect of filing an appeal. The filing of an appeal shall terminate all proceedings which further the action appealed until the appeal is resolved, except when the halting of such action poses a threat to life or property. The planning and zoning commission shall make this determination. Notwithstanding this provision, proceedings involving review of a development application may proceed when an appeal of an administrative decision has been filed and will be considered concurrent with the development application request. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 2, 2-27-91; Ord. No. 93-29, §§ 8A, 86, 9-7-93; Ord. No. 2002-004, § 1, 2-12-02; Ord. No. 2012-014, § 1, 7-10-12) ATTACHMENT 5 196