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SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. B3-41. Appeal.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B3-41. Appeal.

(a) Within 15 calendar days after the decision of the Zoning Administrator on an application for a dance license or renewal thereof pursuant to a public hearing, any person dissatisfied with such decision may appeal the decision to the Board of Supervisors by filing an application with the Planning Office. The appeal application shall be accompanied by a nonrefundable fee in an amount established by resolution of the Board of Supervisors. A copy of the appeal application shall be forwarded to the Sheriff, the Zoning Administrator and the County officials investigating the applicant pursuant to Section B3-39(a).

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of the hearing shall be mailed, at least ten days prior to the hearing, to all owners of real property located within 300 feet of the premises where the dance is proposed to be conducted, the appellant, the license applicant, the owner of the premises if the applicant or appellant is not the owner, and any other person who has filed a written request for notice.

(c) A hearing date for the appeal to be heard by the Board of Supervisors shall be set within 30 days after filing of the appeal.

(d) The Zoning Administrator shall transmit to the Clerk of the Board of Supervisors all records, minutes, papers and files that constitute the record in the action from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the dance license or renewal application as if no other hearing had been held, and may approve, deny or conditionally approve the application. The decision of the Board on an appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the Planning Office, the Sheriff and the County officials investigating the application pursuant to Section B3-39(a) whether the appeal has been granted or denied.

(Ord. No. NS-502.7, § 1, 9-14-04)

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