—1. Scope of provisions. This section contains the regulations governing the filing and review of an appeal or protest from a Planning Commission decision or recommendation regarding a special procedure authorized under Sections 1003.181, "Conditional Use Permits," 1003.187, "Planned Environment Unit Procedure," 1003.189, "Commercial-Industrial Designed Development Procedure," and 1003.191, "Landmark and Preservation Area Procedure."

2.

Statement of intent. The purpose of this section is to provide a formal method by which a petitioner may request further consideration by the County Council of a Planning Commission denial or recommendation of denial of certain special procedures as specified herein; and to provide a formal method by which the owners of property located within a specified proximity to a petitioned tract of land may present to the County Council a petition and statement of their opposition to a Planning Commission decision or recommendation of approval of certain special procedures as specified herein.

3.

Filing of appeal or protest. The following regulations shall govern the filing of an appeal or protest:

(1)

Appeal by petitioner to decision or recommendation of denial. Upon the denial or recommendation of denial by the Planning Commission of an application for a special procedure as specified herein, the applicant may file an appeal with the County Council requesting a determination from that body. A notice of appeal shall be filed within ten (10) days after the Planning Commission's report is received by the County Council at a regular meeting. Notice of appeal to the County Council shall be in writing and shall be filed in duplicate with the County Clerk, accompanied by a fee of two hundred dollars ($200.00). The applicant shall have an additional thirty (30) days to file the actual appeal. The appeal shall specifically state how the application, as initially filed or subsequently modified, meets the criteria set forth in the regulations of the special procedure in question.

(2)

Protest by nearby property owners to recommendation of approval. Owners of twenty-five (25) percent (by area) of the property within one thousand (1,000) feet of the property in question may file a protest with the County Council against the Planning Commission's decision or recommendation of approval of a special procedure as specified herein. A notice of protest shall be filed within ten (10) days after the Planning Commission's report is received by the County Council at a regular meeting. Notice of protest shall be in writing and shall be filed in duplicate with the County Clerk, accompanied by the signatures of property owners in opposition. The notice of protest shall include notarized verification from the person(s) collecting protestants' signatures that all signatures are correct and real. The protestants shall have an additional thirty (30) days to file the actual protest. The protest shall specifically state how the application, as initially filed or subsequently modified, fails to meet the criteria set forth in the regulations of the special procedure in question.

4.

Review of appeal or protest. The following regulations shall govern the review of an appeal or protest:

(1)

Referral of appeal or protest to Planning Commission. Upon receipt of an appeal or a protest, the County Council shall refer it to the Planning Commission. The Planning Commission shall respond thereon to the County Council disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements specified in this section.

(2)

Public hearing by the County Council. Before acting on any appeal or protest the County Council, or its Committee on Planning and Zoning, shall set the matter for hearing. The County Council shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning Commission or to the protestants in the case of a protest. The applicant and the protestants in the case of a protest shall be heard at the hearing, which shall be conducted on the record and in compliance with formal rules of a contested case. At said hearing there shall be no public forum and any witness or witnesses called by either the protestant or the County Council or its Committee on Planning and Zoning shall give testimony under oath and may be examined and cross-examined. The formal rules of evidence shall apply.

(3)

County Council decision. Following the hearing by the County Council or its Committee on Planning and Zoning on an appealed or protested application, the County Council may affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. An affirmative vote of two-thirds (⅔) of the members of the whole County Council shall be required to reverse or modify any determination of the Planning Commission with respect to a conditional use permit granted in accordance with procedures established in Section 1003.181 of this chapter. A valid protest petition shall have the effect of extending the time for introduction of a bill beyond the ninety-day period established in Section 1003.300 of this chapter. The County Council shall, via resolution, render written findings of facts and conclusions which give the basis for its decision.

(O. No. 28702, 2-23-23)