§ 9.02.08. Appeal of Hearing Officer's Vested Rights Determination

Within 30 days after the hearing officer's written determination of vested rights being rendered, either the county or the landowner may appeal the determination to the board of county commissioners. Any additional fee for a landowner-initiated appeal must accompany the appeal. The board of county commissioners may: a) affirm the hearing officer's determination of vested rights, with or without modifications or conditions, or b) reject the hearing officer's determination, except that the board may not modify the determination or impose conditions, or reject the hearing officer's determination unless the board expressly finds that one or more of the hearing officer's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record, or that the hearing officer's determination otherwise specifically failed to properly apply one or more of the criterion in section 9.02.05. Because the law in the area of vested rights and equitable estoppel is constantly changing in both substance and interpretation, the board should be guided by advice from the office of the County Attorney regarding interpretations of appropriate considerations in its deliberations.

(Ord. No. 04-72, § 3.X)