(A) Appeal of staff determination.
(1) Any person aggrieved by any decision by the Planning Director or designated appointee regarding the wireless telecommunications ordinance made under the provision of this chapter, may, within ten days from the date of the decision, appeal to the Planning Commission. The appeal shall be in the form of a written notice filed in duplicate with the county’s Planning Department and shall set forth the grounds for the appeal. The appeal shall be considered at a duly noticed public hearing.
(2) Upon hearing the appeal, the Planning Commission shall consider the record and additional evidence as may by offered and may affirm, modify or reverse, in whole or in part, the requirements, decision, determination or ruling. The Planning Commission may make or substitute such other additional decision or determination, as it may find warranted under the provisions of this chapter.
(3) A uniform fee, as established by the Board of Supervisors, shall be paid to the county upon filing of the appeal.
(B) Appeal of Planning Commission determination.
(1) Any person aggrieved by any decision of the Planning Commission regarding the wireless telecommunications ordinance made under the provisions of this chapter may, within ten days from the date of the decision, appeal to the Board of Supervisors by written notice of appeal filed in duplicate with the County Clerk and shall set forth specially wherein the Commission’s findings and decisions were in error.
(2) Upon hearing the appeal, the Board of Supervisors shall consider the record and such additional evidence as may be offered and may affirm, modify or reverse, in whole or in part, the order, requirement, decision, determination, interpretation or ruling appealed from, or make and substitute such other additional decision and determination, as it may find warranted under the provisions of this chapter. The standards herein established to govern the discretion of the Commission shall apply with equal force to the actions of the Board of Supervisors.
(3) The decision of the Board of Supervisors upon the appeal shall be expressed by resolution in writing concurred in by a majority of all the members of the Board of Supervisors, and the Supervisors shall forthwith transmit a copy thereof to the original applicant, the appellant and the Commission. If the decision is adverse to that of the Commission on any action concerning the administration or enforcement of any provisions of this chapter, the resolution of the Board of Supervisors shall specify wherein there was an error or abuse of discretion on the part of the Commission.
(1966 Code, § 34-20) (Ord. 762, § 1(part), 2003)