Any administrative level or commission level decision may be appealed in accordance with the procedures established herein. All such appeals must be written, accompanied by the fee as set by resolution of the board of commissioners and submitted to the administrator prior to the deadlines set forth herein. If the appeal deadline falls on a weekend or holiday, the appeal period is automatically extended to the next workday. Each appeal must clearly state the name, address and phone number of the person or organization appealing and the specific issues, items or conditions that are being appealed and state the nature of his or their interest and extent of damages.
A. Appeals Of Administrative Decisions: Any action of the administrator on a specific administrative level application or on the general interpretation of this title may be appealed as follows:
1. Interpretation Of Title: Decisions of the administrator or staff may be appealed to the planning and zoning commission within ten (10) days from the date of such decision by any person aggrieved by such decision. Upon receipt of the appeal, the administrator or staff shall schedule the appeal before the commission at the next public meeting following the appeal.
2. Administrator Or Staff Design Review Decisions: Decisions of the administrator on design review decisions may be appealed to the commission within ten (10) calendar days from the date of such decision by any person aggrieved by such decision. Upon receipt of such appeal, the administrator or staff shall schedule the appeal before the commission at the next public meeting following the appeal.
3. Other Administrative Level Applications: Actions of the administrator on administrative level applications, other than design review, may be appealed to the commission within ten (10) calendar days from the date of the action by the applicant or any aggrieved person. Upon acceptance of the appeal, the administrator shall establish completeness of the appeal and shall notify the appealing party, the applicant, all property owners within three hundred feet (300') of the property, and the public. The commission, in reviewing the administrator's decision, may impose additional or different conditions and limitations.
B. Appeals Of Commission Decisions:
1. Any decision of the commission may be appealed to the board by the applicant, any aggrieved person or the administrator. The appeal shall be filed with the administrator before five o'clock (5:00) P.M. of the tenth calendar day after the determination of the commission has been made.
2. The administrator shall ascertain that the procedural requirements have been met and notify the board of the appeal.
3. The clerk, upon notice of an appeal of a decision by the commission, shall set the item on the agenda of the board at the earliest possible regular meeting of the board.
4. Notice of the public hearing shall be posted in accordance with subsection A3 of this section.
5. An appeal may not be withdrawn without the approval of the board.
6. All pertinent information in the planning and zoning file shall be forwarded to the board for review.
7. The board shall hold a public hearing to review the commission's proceedings and decisions and may obtain additional information from the administrator or staff, the applicant, the appellant, or the public.
8. The board may sustain, deny, amend or modify the decision of the commission. The decision of the board is final and need not be referred back to the commission; except, the board may elect to refer the matter to the commission with specific instructions. (Ord. 10-06, 8-23-2010)