At any time within 30 days after the Advisory Agency makes a determination of merger or non merger pursuant to §§ 327.5-7, 327.5-8 or 327.5-9, either the property owner or the Planning Director may appeal the Advisory Agency’s decision to the Board of Supervisors. The request for appeal shall be in writing, filed with the Planning Director and shall specify the factual and legal grounds upon which the appeal is based. (Ord. 1762, 12/09/86)

The Planning Director shall forward the request for appeal to the Clerk of the Board of Supervisors who shall fix a time, date and place for a hearing before the Board of Supervisors and shall notify the property owner by certified mail. The hearing shall be held not more than 30 days following the date that the appeal was filed with the Planning Director, but may be postponed or continued with the mutual written consent of the Advisory Agency and the property owner. (Ord. 1762, 12/09/86)

The evidence presented at the hearing shall be limited to the issues raised and presented at the hearing held by the Advisory Agency. If no hearing was held before the Advisory Agency, the hearing before the Board of Supervisors shall be treated as a hearing de novo and either party shall be permitted to present any evidence that the affected property does or does not meet the standards for merger specified in this chapter. At the conclusion of the hearing the Board of Supervisors shall make a determination as to whether the decision of the Advisory Agency shall be upheld, modified or reversed. (Ord. 1762, 12/09/86)

A determination of merger shall be recorded within 30 days after conclusion of the hearing as provided for in § 327.5-4. If the Board of Supervisors’ decision results in a determination of non merger pursuant to § 327.5-9, a notice of merger shall be filed pursuant to § 327.5-10. A determination by the Board of Supervisors under this section is final. (Ord. 1762, 12/9/1986)