§ 74-102. Response to development review request; appeal by public.

(a)

For review of development requests specified under section 74-97(a)(2) above, the applicant will receive either a written development order without conditions, a written development order with conditions, or a written denial of a development order within 30 calendar days from the department's receipt of a complete and sufficient application. The applicant will be provided with "proposed change of use" signs for posting on the affected property. Signs must be posted so that a sign can be readily observed and recognized from each adjacent public roadway. Signs will remain posted on the property at least 14 continuous days, starting from the completed application submission date. After the community development department has received an application for development under section 74-97(a)(2), the department will review the application for sufficiency within five business days of submission and transmit its findings in writing to the applicant. All development orders will specify an expiration date. If the request for a development order is denied, a written description of the reasons for denial will be provided to the applicant. After denial and a review thereof by all applicable parties, reapplication by the same applicant for the same proposed use at the same site may be made upon a showing by the applicant that a material change in circumstances affecting the application or the proposed use has occurred since the last prior denial.

(b)

The public may appeal a proposed development which has been approved by the department by presenting to the department a written request for the appeal, which appeal shall be heard by the planning commission and, thereafter, by the board of county commissioners. Once a request for an appeal is received, the development application shall be reviewed pursuant to sections 74-100(b) and (c) of this Code.

(c)

An appeal stays all issuance of any development order and shall stay all work or construction on the subject property until the appeal is resolved, unless the department certifies that, by reason of known facts cited by the department, a stay would cause imminent peril to life or property. In such cases, the minimum amount of work necessary to avert the peril shall be permitted. An appeal must be submitted within 14 days of issuance of the department's order on the application. The department shall provide a form for the submission of appeals by members of the public.

(Ord. No. 2013-06, § 1, 9-10-2013)