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• <br />a3 <br />ORDINANCE NO. 2002-004 <br />• <br />(a) Did the reviewing official fail to follow the appropriate review procedures? <br />(b) Did the reviewing official or commission fail to properly apply the use or size and <br />dimension regulations for the respective zoning district(s)? <br />(c) Did the reviewing official fail to consider adequately the effects of the proposed <br />development upon surrounding properties, traffic circulation or public health, <br />safety and welfare? <br />(d) Did the reviewing official fail to evaluate the application with respect to the <br />comprehensive plan and land development regulations of Indian River County'? <br />The decision of the planning and zoning commission shall be final unless further <br />appealed. Not withstanding findings (a) through (d) above, the planning and zoning commission <br />may make additional findings of fact. <br />(5) <br />Further appeals from actions by the planning and zoning commission. At any time within <br />thirty (30) twenty-one (21) days following action by the planning and zoning <br />commission, the applicant the county administration, or any department thereof, or any <br />other person whose substantial interests may be affected by the proceeding may seek <br />review of such decision by the board of county commissioners. The decision of the board <br />of county commissioners shall be final At the hearing scheduled for the purpose of <br />considering an appeal of the planning and zoning commission s action, the board of <br />county commissions may, in confoimity with the provisions of law and these land <br />development regulations, uphold amend, or reverse wholly or partly, the decision by the <br />planning and zoning commission which is being appealed. Further appeals Appeals of <br />planning and zoning commission decisions to deny rezoning applications are regulated in <br />section 902.12. All other types of appeals to the Board of County Commissioners shall be <br />followed in accordance with the same provisions of appeal procedures to the planning <br />and zoning commission, section 902.07(3), and the Boird of County Commissioners shall <br />review the appeals with respect to the findings criteria of section 902.07(4). Any action <br />by the board of county commissioners reversing a planning and zoning commission <br />decision shall require three (3) affirmative votes. <br />(6) Effect offtling an appeal. The filing of an appeal shall terminate all proceedings which <br />further the action appealed until the appeal is resolved, except when the halting of such <br />action poses a threat to life or property The planning and zoning commission shall make <br />this determination. Notwithstanding this provision, proceedings involving review of a <br />development application may proceed when an appeal of an administrative decision has <br />been filed and will be considered concurrent with the development application request. <br />(7) <br />Transmittal of the record. Staff shall forthwith compile and transmit to the planning and <br />zoning commission all infoiniation documented which constitutes the record of action <br />from which the appeal is taken." <br />Coding: Words in .trikc thr ugh are deletions from existing law. Words underlined are additions. <br />February 12, 2002 <br />3 <br />39 <br />E3`( ! 2 116 0 5 <br />