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ARTICLE_11: ADMINISTRATIVE PROVISIONS
SECTION 1104.03 APPEAL PROCEDURE
The procedure for appeal shall be as follows.
A. Appeal to the Planning Commission from an administrative decision of the Planning/Community Development Director
1) An appeal to the Planning Commission will be scheduled within 30 days from the date the appeal is filed.
2) The Planning Commission may review a lower decision upon its own motion after giving 10 days notice to the parties involved in the decision and if such review is initiated within 10 days of the receipt of notice of the lower decision.
3) Notice of the appeal will be mailed to all parties of record at least 10 days prior to the scheduled hearing. Notice of the appeal will also be provided to the County's newspaper of record.
4) An appeal to the Planning Commission is a de novo review, which means the Commission may hear testimony and receive new evidence regarding the application, criteria and decision.
5) The Planning Commission may continue the hearing. Unless otherwise required by statute or administrative rule, no additional notice need be given of a continued hearing if the matter is continued to a specific date established at the hearing.
6) After the Planning Commission's hearing, the Commission may affirm, modify or overrule the Director's decision. The Commission shall set forth findings for its decision.
B. Appeal to the County Court from a decision of the Planning Commission
1) An appeal to the County Court will be scheduled within 30 days from the date the appeal is filed.
2) The County Court may review a lower decision upon its own motion after giving 10 days notice to the parties involved in the decision and if such review is initiated within 10 days of the receipt of notice of the lower decision.
3) Notice of the appeal will be mailed to all parties of record at least 10 days prior to the scheduled hearing. The appeal date and time will appear on the Court agenda.
4) An appeal to the County Court is a record review. No new testimony will be received by the Court. Because it is a record review, only one representative each from appellant, applicant and County may make an argument. The argument shall refer to the record, the criteria and the decision documents.
5) The County Court may continue the hearing. Unless otherwise required by statute or administrative rule, no additional notice need be given of a continued hearing if the matter is continued to a specific date established at the hearing.
6) The County Court shall remand back to the Planning Commission for rehearing any appeal in which new information is revealed which was not a part of the record and which might have influenced the original decision.
7) A decision of the County Court will be made by Court order signed by a majority of the court.
8) A land use decision by the County Court may be appealed to the Land Use Board of Appeals in accordance with the Board's rules and procedures.