05-May 26, 2022 Planning Commission Meeting Packet Pt 2
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05-May 26, 2022 Planning Commission Meeting Packet Pt 2
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May 19, 2022 <br />7 <br /> <br />and state the alleged error. If an appeals fee is established by the Board of County <br />Commissioners, the letter of appeal shall be accompanied by the fee so established. <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 the Finance Director determines that letter of appeal is complete, the Finance Director <br />shall transmit the letter of appeal to the Board of County Commissioners. <br />5. The Finance Director 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 Finance Director 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 5,280 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 5,280-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 County Commissioners that the <br />application, by reason of the facts stated in the certification, a stay would, in his opinion, <br />cause imminent peril to life or property. In such case, proceedings shall not be stayed, <br />except by a restraining order granted by the Board of County Commissioners or a court of <br />record. <br />8. The Board of County Commissioners shall conduct a public hearing on the letter of appeal. <br />At that hearing, the Board of County Commissioners shall review the particular facts and <br />circumstances of appeal and develop findings and conclusions. The Board of County <br />Commissioners shall make a decision by motion. The concurring vote of a majority of the <br />quorum of the Board of County Commissioners members present shall be necessary to <br />reverse any order, requirement, decision, or determination of the County Planner or to <br />decide in favor of the appellant on any other matter. <br />9. Any person aggrieved by a decision of the Board of County Commissioners may file an <br />appeal to the district court in the manner provided in NDCC §28-34-01. <br />(c) Findings Required. <br />Every decision of the Board of County Commissioners pertaining to a letter of appeal shall be <br />based upon findings of fact and every finding of fact shall be supported in the record of its <br />proceedings.
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