(A) It is the intention of this chapter that all questions arising in connection with the enforcement of this chapter shall be presented first to the Administrator. Such questions shall be presented to the Board of Adjustment or Planning Board only on appeal of a decision of the Administrator or Development Review Board and within the time limits prescribed in this chapter. Recourse for appeal of a decision of the Board of Adjustment or Planning Board shall be to the courts as provided by law. Appeals of the Administrator shall be made to the Board of Adjustment, except in cases of appeal of the Subdivision Administrator or Development Review Board, which are appealed to the Planning Board.
(B) An appeal of the Administrator stays all proceedings in furtherance of the action appealed from unless the Administrator certifies to the Board of Adjustment or Planning Board that by reason of facts stated in the record a stay would, in his or her opinion, cause eminent peril to life and or property. In such a case proceedings shall not be stayed other than by an order from the county’s Superior Court.
(1) Appeal of the Administrator. Review of a decision of the Administrator shall be made by the Board of Adjustment or Planning Board, in accordance with this chapter, upon request of the aggrieved party within 30 days of the date of the decision. A complete application shall be submitted to the Planning Department Office, including all required information and applicable fees. Reviews by the Board of Adjustment or Planning Board of administrative appeals are quasi-judicial and shall follow the procedural standards for such.
(2) Appeal of the Development Review Board. Review of a decision of the Development Review Board shall be made to the Planning Board upon request of the aggrieved party within 30 days of the date of the decision. A complete application shall be submitted to the Planning Department Office, including all required information and applicable fees. The Planning Board shall conduct a de novo review of the Development Review Board decision.
(3) Appeal of the Watershed Administrator. Any order, requirements, decision, or determination made by the Watershed Administrator may be appealed to and decided by the Watershed Review Board.
(a) An appeal from a decision of the Watershed Administrator shall be submitted to the Watershed Review Board within 30 days from the date the order, interpretation, decision, or determination is made. All appeals shall be made in writing stating the reasons for appeal. Following submission of an appeal, the Watershed Administrator shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(b) An appeal stays all proceedings in furtherance of the action appealed, unless the Administrator from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application of notice of the Administrator from whom the appeal is taken and upon due cause shown.
(c) The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.
(4) Appeal of the Board of Adjustment. Any interested party may seek review of a decision of the Board of Adjustment in Superior Court in the nature of certiorari. Any appeal to the Superior Court shall be made within 30 calendar days after the decision of the Board of Adjustment has been filed. Such decision shall be filed with the Clerk to the Board of Adjustment in the county’s Planning Department Office.
(Ord. passed 10-17-2011)