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7 <br /> <br />Section 2.04 Appeals <br />(a) Any person, unit of government or agency may file an appeal when aggrieved by a <br />decision or interpretation by the County Planner, provided that the appeal is based on an <br />allegation that: <br />1. The County Planner made an error in the interpretation of this Ordinance, and <br />2. The erroneous interpretation specifically aggrieves the appellant. <br />(b) Application and Procedure. <br />1. A letter of appeal must be filed with the County Auditor within 30 days of the date of <br />written notice of interpretation or determination. The letter shall cite the decision made <br />and state the alleged error. The letter of appeal shall be accompanied by a fee established <br />by the Board of County Commissioners. <br />2. If after such fee has been paid and a properly filed appeal is successful, the fee shall be <br />refunded. Otherwise, no part of any such fee shall be refundable after an appeal is filed and <br />such fee paid. <br />3. A letter of appeal is not considered complete until such fee has been paid. <br />4. After acceptance of the letter of appeal, the County Auditor shall transmit the letter of <br />appeal to the Board of Adjustment. <br />5. The County Auditor shall set a hearing date within 30 days of acceptance of the letter of <br />appeal and payment of the established appeal fee, publish notice thereof as provided for in <br />this Ordinance, and notify all parties of interest. Public notice of the hearing shall be placed <br />in the official County newspaper and any newspaper of general circulation in the County at <br />the discretion of the County Auditor for two successive weeks prior to the date of the <br />hearing. <br />6. Where an appeal concerns a particular piece of property, written notice shall be mailed to <br />all property owners with property within 5280 feet of the subject property at least 15 days <br />prior to the said hearing. Where the subject property abuts a right-of-way, the 5280-foot <br />measurement shall be in addition to this right-of-way along the abutting side. <br />7. An appeal under the terms of this Ordinance stays all proceedings in the matters appealed <br />unless the County Planner certifies to the Board of Adjustment that the application, by <br />reason of the facts stated in the certification, a stay would, in his opinion, cause imminent <br />peril to life or property. In such case, proceedings shall not be stayed, except by a <br />restraining order granted by the Board of County Commissioners or a court of record. <br />8. The Board of Adjustment shall conduct a public hearing on the letter of appeal. At that <br />hearing, the Board of Adjustment shall review the particular facts and circumstances of <br />appeal and develop findings and conclusions. The Board of Adjustment shall make a <br />decision by motion. The concurring vote of a majority the quorum of the Board of <br />Adjustment members present shall be necessary to reverse any order, requirement, <br />decision, or determination of the County Planner or to decide in favor of the appellant on <br />any other matter.