Appeals provide an opportunity for reconsideration of land use decisions of the Planning Commission in a public hearing.
.010 Initiation of Appeal. Appeals may be filed by anyone dissatisfied with a discretionary land use decision of the Planning Commission that is not in the form of a recommendation to the City Council and that would otherwise be subject to review and approval by the City Council as required by this Code. An appeal may also be initiated if the granting authority requests review of its decision, or if two (2) or more members of the City Council request review of a land use decision of the Planning Commission.
.020 Application. An application for appeal shall be made in writing and shall be filed with the City Clerk during normal business hours. The application must clearly identify the appellant(s) and shall specify the decision appealed from and the reasons for appeal. All appeals under this section shall be filed with the City Clerk.
.030 Timeframes.
.0301 Request for Review. A request for review may be initiated by a request made (i) by the Planning Commission upon a motion duly adopted, or (ii) by two (2) or more members of the City Council made orally or in writing to the City Clerk within ten (10) days subsequent to the decision of the granting authority.
.0302 Appeals. An appeal must be filed within ten (10) days subsequent to the decision of the Planning Commission. (Ord. 5947 § 1; October 26, 2004: Ord. 5998 § 48; October 25, 2005.)
.040 Fees. Fees shall be paid as specified in Chapter 18.80 (Fees) provided, however, no fees shall be payable in conjunction with a timely made request for review by the granting authority or a timely made request for review by two or more members of the City Council. (Ord. 5947 § 2; October 26, 2004.)
.050 Notification and Hearing. An appeal shall be subject to the same notification and hearing requirements as the action being appealed, except that the date of the public hearing before the City Council shall not exceed sixty (60) days following receipt of the written appeal or a timely made request for review in accordance with the procedures set forth in subsection .030, above. (Ord. 5944 § 27; September 28, 2004.)
.060 Revisions after Appeal. If revised plans are submitted following appeal of a decision, the Planning Director may require these plans to be submitted to the Planning Commission for review and recommendation prior to City Council consideration.
.070 Withdrawal of Appeal. An appeal may be withdrawn by the party who filed the appeal, provided the withdrawal is submitted in writing to the City Clerk prior to or at the public hearing. However, if more than one (1) party has filed an appeal, all of said parties must withdraw their appeals; otherwise the City Council shall act upon the appeal. If a valid withdrawal is submitted, the decision of the original approval authority shall stand as the final decision at the end of the original appeal period. A timely request for review made by the granting authority or by two or more members of the City Council shall not be withdrawn after expiration of the time within which such request for review could be made. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5947 § 3; October 26, 2004: Ord. 6031 § 49; August 22, 2006: Ord. 6156 § 27; September 22, 2009.)