Article X. - Appeals and Direct Review.


Sec. 11-39. - Appeals.

(a)   Appeal Subjects and Jurisdiction. A decision by the permit authority approving or denying a discretionary permit application may be appealed to the board of supervisors. All other decisions of the permit authority under this chapter shall be final, subject only to judicial review.
(b)   Eligibility. An appeal may be filed by any interested person.
(c)   Timing and Form of Appeal. An appeal shall be filed in writing with the permit authority on a county appeal form within ten (10) days after the decision that is the subject of the appeal. The appeal shall specifically state the basis for the appeal and shall be accompanied by the required filing fee.
(d)   Effect of Appeal. The filing of an appeal shall stay the decision of the permit authority until the board of supervisors takes action in compliance with subsection (f).
(e)   Scheduling of Hearing and Report. After an appeal has been timely filed, the appeal shall be scheduled for consideration at a public hearing by the board of supervisors. Public notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Article XI of this chapter. The hearing shall be de novo. Prior to the hearing, the permit authority shall prepare a report on the matter and forward the report to the board of supervisors.
(f)   Hearing and Decision. At the appeal hearing, the board of supervisors may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. After the hearing, the board of supervisors may affirm, affirm in part, modify, or reverse the decision of the permit authority, and such action shall be final.
(g)   Withdrawal of Appeal. After filing, an appeal may not be withdrawn except with the consent of the board of supervisors.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-40. - Direct review.

(a)   Request for Direct Review. Any member of the board of supervisors may request the board of supervisors to review a decision by the permit authority approving or denying a discretionary permit application.
(b)   Timing and Form of Request for direct review. A request for direct review shall be made orally at a board of supervisors meeting, or filed in writing or by e-mail with the clerk of the board of supervisors, prior to the expiration of the appeal period for the decision of the permit authority. A request for direct review need not state the reasons for the request. A request for direct review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision of the permit authority.
(c)   Effect of Request for Direct Review. A request for direct review shall stay the decision of the permit authority until the board of supervisors takes action in compliance with subsection (d), and, if applicable, until the board of supervisors takes action in compliance with subsection (f). The stay shall not extend the time for filing an appeal of the decision that is the subject of the request.
(d)   Consideration of Request for Direct Review. A request for direct review shall be considered by the board of supervisors at a regular meeting of the board of supervisors.
(1)   If the board of supervisors grants the request for direct review, the board of supervisors shall assume jurisdiction over the matter and take action in compliance with subsection (f).
(2)   If the board of supervisors denies the request for direct review, the decision of the permit authority shall stand unless an appeal of the decision was timely filed.
(e)   Scheduling of Hearing and Report. After a request for direct review has been granted, the direct review shall be scheduled for consideration at a public hearing by the board of supervisors. Public notice of the hearing shall be provided, and the hearing conducted, in compliance with Article XI of this chapter. The hearing shall be de novo. Prior to the hearing, the permit authority shall prepare a report on the matter and forward the report to the board of supervisors.
(f)   Hearing and Decision. At the direct review hearing, the board of supervisors may consider any issue involving the matter that is the subject of the direct review. After the hearing, the board of supervisors may affirm, affirm in part, modify, or reverse the decision of the permit authority, and such action shall be final.
(g)   Participation by Initiator of Request for Direct Review. Any member of the board of supervisors who initiates a request for direct review may fully participate in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including voting, unless actual bias or prejudice is otherwise shown.
(h)   Withdrawal of Request for Direct Review. After filing, a request for direct review may not be withdrawn except with the consent of the board of supervisors.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-41. - Simultaneous appeal and direct review.

When a decision by the permit authority is both appealed and jurisdiction is taken by the board of supervisors through direct review, both the appeal and the direct review shall be heard and considered concurrently.

(Ord. No. 5891, § 7, 12-9-2008.)