The purpose of this chapter is to standardize the appeal procedure for any party from any adverse ruling of either the board of county commissioners, planning and zoning commission, planning and zoning administrator or building official. All time limits set out herein shall be deemed controlling unless a specific time limit is set out in another section. Any party aggrieved by the final action of the administrator, commission or board, may appeal in accordance with the appellate procedures herein set forth. Time limits shall be deemed jurisdictional. (Ord. 2009-03, 6-15-2009)

   A.   Appeal Period: Any person may appeal a final decision of the administrator or of the building official. An appeal from a decision of the administrator or from a decision of the building official shall be to the planning and zoning commission. Such an appeal must be filed in writing with the administrator or the commission within fifteen (15) days after the decision is rendered. The planning and zoning commission is hereby appointed to act as the board of appeals to hear appeals from decisions of the administrator or from decisions of the building official.

   B.   Written Notice: Notice of appeal may be informal, but shall be in writing and shall set out reasons why the appealing party is aggrieved and shall state why the appellant believes the planning and zoning administrator or building official committed error.

   C.   Hearing By Planning And Zoning Commission: The planning and zoning commission may hear the appeal either by receiving and reviewing the record accumulated by the planning and zoning administrator or building official or by holding a hearing. Should the commission choose to schedule a hearing, such a hearing shall be held at the first regular commission meeting which falls after the filing of the notice of appeal, provided that at least five (5) days have elapsed between notice of filing and meeting. If the regular meeting is less than five (5) days after filing, said hearing may be scheduled at the next regularly scheduled meeting. Should the commission choose to decide an appeal strictly on the record presented by the administrator, the commission may do so at any time, but no later than the first regular meeting which occurs fifteen (15) days after the filing of the notice of appeal.

   D.   Planning And Zoning Commission Decision: Within sixty (60) days after the hearing or record review, the planning and zoning commission shall render a decision together with a summary of findings, setting forth reasons why a particular decision was made.

   E.   Failure Of Planning And Zoning Commission To Act: Should the planning and zoning commission fail to take action within the allotted time, the appeal shall be deemed denied and the aggrieved party may pursue further appeal. (Ord. 2009-03, 6-15-2009)

   A.   Appeal Period; Written Notice: Any person may appeal any final decision of the commission to the board by filing a notice of appeal with the administrator or with the board within fifteen (15) days of the commission's adverse action. Notice may be informal, but must be written and conform to the requirements of subsection 8-18-2B of this chapter. (Ord. 57-P, 3-31-1997)

   B.   Hearing By Board Of County Commissioners: The board of county commissioners may hear the appeal as set out in subsection 8-18-2C of this chapter, and may do so at any regularly or specially scheduled meeting. Such meeting must be held within thirty (30) days of the filing of the notice of appeal.

   C.   Hearing De Novo: Should the board of county commissioners schedule a hearing de novo, it shall give the appellant at least three (3) days' written or oral notice. An appearance at any hearing automatically waives notice requirements unless the appellant can demonstrate some prejudice resulting from insufficient notice. The board of county commissioners may affirm, reverse, affirm in part, reverse in part, or add or delete any conditions permitted by this title.

   D.   Adjournment: Any meeting may be adjourned from time to time at the request of either party for good cause shown. A subsequent meeting where a final decision is rendered must be held within sixty (60) days of the adjourned meeting, unless agreed otherwise by the parties.

   E.   Appeal To District Court: Any person aggrieved by any action of the board of county commissioners may appeal to the district court for administrative relief. No court action shall be taken until all administrative remedies are exhausted.

   F.   Failure Of Board Of County Commissioners To Act: Should the board of county commissioners fail to act within the time limits set out herein, the appeal shall be deemed automatically denied and the appellant free to pursue his remedies in court. (Ord. 57, 4-18-1988)

   A.   Representation By Counsel: Any party may be represented at any stage by counsel.

   B.   Quorum; Appropriate Motions: The board of county commissioners or planning and zoning commission shall act by a simple majority of a quorum. A negative motion or motion to deny shall be an appropriate motion as is an affirmative motion.

   C.   Stay Of Proceedings: An appeal before the board of county commissioners or the planning and zoning commission stays all work or all proceedings in furtherance of the action unless the planning and zoning administrator or building official certifies to the planning and zoning commission after the notice of appeal is filed with him that by reason of facts stated in the application, a stay would, in his opinion cause imminent peril to life or property.

   D.   Action Of Appellate Body: Any appellate body before the district court, may sustain, reverse or reverse in part or sustain in part any decision from a lower level and impose such conditions as are permitted by this zoning title. Before hearing an appeal or before deciding an appeal, the appellate body may require additional hearings or may require the body appealed from to hold additional hearings to create a record or augment any record previously made.

   E.   Fee On Appeal: When any person files an appeal, the administrator shall charge an appeal fee. That fee shall be set by resolution of the board of county commissioners and may be changed from time to time at the board of county commissioners' discretion. At a minimum, the charge shall be sufficient to cover any publication costs or any other actual cost incurred by the county in the appellate process. (Ord. 2012-05, 5-21-2012)