§ 26-92-160. Appeals to the board of supervisors.

(a)

Any interested person may appeal any decision made by the board of zoning adjustments or the planning commission pursuant to this chapter to the board of supervisors. An appeal shall be filed in writing with the planning director 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. The board of supervisors shall set a date for public hearing and cause notice to be given as provided in this chapter. The board of supervisors shall render its decision within ninety (90) days after the public hearing is first opened. In the event that the board of supervisors fails to act within the ninety (90)-day period, the decision of the board of zoning adjustments or planning commission shall be deemed to be upheld. The ninety (90)-day time limit established by this subsection may be extended, with the consent of the board of supervisors, by any individual or entity having a fee or leasehold interest in the property subject to the appeal.

(b)

The filing of an appeal pursuant to this section shall operate as a stay on issuance, modification, or revocation, as the case may be, of any permit with respect to which the appeal is taken. The action shall be stayed until the board of supervisors has entered its decision.

(c)

Any appeal filed pursuant to this section may be withdrawn where the appellant requests such withdrawal and the board of supervisors consents.

(Ord. No. 5537 § 2(h), 2004: Ord. No. 4643, 1993.)