§ 22.2.2. Process.

A.

Appeals of administrative decisions and planning director interpretations.

1.

Initiation of appeal. A written application for appeal must be submitted to the planning department within 30 days of the decision or interpretation which the person believes to be in error. The planning director may grant one 30-day extension of this time limit provided that a written request for such extension is submitted to the planning director within the initial 30-day period.

2.

Contents of appeal. The appeal must be submitted on a form provided by the planning department and must include a statement of the decision or interpretation being appealed, the date of the decision or interpretation, and facts, legal authority or other evidence that supports the decision was in error. An application fee established by the county commissioners must be paid when the appeal is submitted.

3.

Scheduling. Upon receipt of the appeal, the planning director will schedule the appeal on the next available agenda of the county commissioners, no later than 60 days after the date on which a properly completed notice of appeal is filed.

4.

Notice. Notice of the time and place of the appeal hearing must be published in a newspaper of general circulation at least ten days before the hearing date. Notice by first-class mail may be sent to property owners in the vicinity of the proposal if the planning director determines such notice is appropriate.

5.

Action by the county commissioners.

a.

At the appeal hearing the county commissioners will take relevant evidence and testimony from the person who filed the appeal, the administrative officer, planning director, county staff and any interested party.

b.

At the appeal hearing, the county commissioners will only consider the same application, plans and materials that were the subject of the original decision or interpretation, the record of that decision or interpretation and the issue raised by the person who submitted the appeal, unless the county commissioners, in their discretion, determine other evidence to be relevant and helpful. Testimony from interested parties may be considered only as it relates to the administrative officer's decision or the planning director's interpretation.

c.

At the conclusion of the hearing the county commissioners will affirm, affirm with modifications or reverse the decision of the administrative officer or the interpretation of the planning director.

d.

The county commissioners may refer an appeal to the planning commission for a recommendation. The decision to refer an appeal to the planning commission will be made by the county commissioners within 14 days of the date the appeal was submitted.

6.

Burden of proof. The decision of the administrative officer or the planning director's interpretation will not be reversed unless it is shown by a preponderance of the evidence that the decision is in error or inconsistent with the intent and purpose of this code.

B.

Appeals to deviate from standards or requirements not filed concurrently with development applications.

1.

Initiation of appeal. For appeals to deviate from Code standards or requirements that are not filed as part of a development review application, a written application for appeal must be submitted to the planning director.

2.

Contents of appeal. The appeal must be submitted on a form provided by the planning department and must include a statement of the Code provision being appealed and evidence that supports the appeal, including evidence that demonstrates how section 22.2.3 or 22.2.4 review criteria for the appeal are met. The planning director may request additional information necessary to evaluate the appeal.

3.

Scheduling. The appeal will be scheduled for hearing within 60 days after the date on which a properly completed notice of appeal is filed.

4.

Notice. Notice of the time and place of the appeal hearing must be published in a newspaper of general circulation at least ten days before the hearing date. Notice by first-class mail may be sent to property owners in the vicinity of the proposal as determined by the planning director.

5.

Action by the county commissioners.

a.

At the hearing the county commissioners will take relevant evidence and testimony from the person who filed the appeal, county staff and any interested party.

b.

At the conclusion of the hearing, the county commissioners will approve, approve with conditions or deny the appeal.

c.

All appeals to the board of county commissioners will be reviewed by the planning director who will determine whether the appeal will be referred to the planning commission for recommendation prior to a county commissioners' hearing on the appeal.

6.

Burden of proof. The appeal will be granted only if the applicant shows by a preponderance of the evidence that granting the appeal will be consistent with the intent and purpose of this Code.

C.

Appeals to deviate from standards or requirements filed concurrently with development review applications.

1.

Initiation of appeal. For appeals to deviate from Code standards or requirements that are filed as part of a development review application, a written application for appeal must be submitted to the planning director.

2.

Contents of appeal. The appeal must be submitted on a form provided by the planning department and must include a statement of the Code provision being appealed and evidence that supports the appeal, including evidence that demonstrates how the section 22.2.3 or 22.2.4 review criteria for the appeal are met. The planning director may request additional information necessary to evaluate the appeal.

3.

Scheduling. The appeal will be heard at the same time as the development review application.

4.

Notice. Notice of the time and place of the appeal hearing must be published in a newspaper of general circulation as part of the notice of the development review application. Notice by first-class mail may be sent to property owners in the vicinity of the proposal as determined by the planning director with the notice of development review.

5.

Action by the county commissioners.

a.

At the hearing, the county commissioners will take relevant evidence and testimony from the person who filed the appeal, county staff and any interested party.

b.

At the conclusion of the hearing, the county commissioners will approve, approve with conditions or deny the appeal. The county commissioners will make separate findings and take separate action on each appeal before taking action on the development proposal.

c.

Appeals of Code standards or requirements submitted concurrently with a development review application will be reviewed by the planning commission, when appropriate, along with the development proposal.

6.

Burden of proof. The appeal will be granted only if the applicant shows by a preponderance of the evidence that granting the appeal is consistent with the intent and purpose of this code.

(Res. No. 07192005R010, Exh. A, 7-19-2005; Res. No. 09122006R002, Exh. A, 9-12-2006; Res. No. 10282008R004, Exh. A, 10-28-2008)