§ 26A-07-015. Original jurisdiction.

This section provides the procedures for the board of supervisors, upon its own initiative, to exercise original jurisdiction over applications filed pursuant to this chapter.

(a)

Request to Exercise Original Jurisdiction. Any member of the board of supervisors may request the board to exercise original jurisdiction over any application filed pursuant to this chapter, except in cases where state law requires a recommendation of the planning commission prior to action by the board on the matter.

(b)

Timing and Form of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall be made orally at a board of supervisors meeting, or filed in writing with the clerk of the board, prior to any decision by a lower level decision maker approving or denying the subject application. A request to exercise original jurisdiction need not state the reasons for the request.

(c)

Effect of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall stay any proceedings of lower level decision makers until the board of supervisors takes action in compliance with subsection (d) of this section.

(d)

Consideration of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall be considered by the board of supervisors at a public meeting. Notice of the meeting shall be given, and the meeting shall be conducted, in compliance with applicable law.

(1)

If the board of supervisors approves the request to exercise original jurisdiction, the board shall assume jurisdiction over the matter and take action in compliance with subsection (e) of this section.

(2)

If the board of supervisors denies the request to exercise original jurisdiction, the appropriate lower level decision maker shall resume jurisdiction over the matter and take action in compliance with applicable law.

(e)

Hearing and Decision. Any matter that is the subject of original jurisdiction shall be heard and decided by the board of supervisors at a public hearing. Notice of the hearing shall be given, and the hearing shall be conducted, in compliance with applicable law. The board may approve, conditionally approve, or deny the subject application.

(f)

Participation by Initiator of Request to Exercise Original Jurisdiction. Any member of the board of supervisors who initiates a request to exercise original jurisdiction shall have full participation rights in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

(Ord. No. 5537 § 3(b), 2004.)