(A) Generally. Any person or party aggrieved by the decision of the Planning and Zoning Commission regarding site plan approvals, planned unit development permits or variances or any decision or determination made by the Planning and Zoning Commission in the enforcement of this chapter may appeal the decision or determination to the governing body, who shall act as the Board of Appeals.
(B) Appeal of a Planning and Zoning Commission decision.
(1) Any person or party aggrieved by the decision of the Planning and Zoning Commission regarding site plan approvals, or planned unit development permits, or variances, may appeal the decision to the city governing body.
(2) The appeal shall be submitted, reviewed and heard in accordance with the following procedures.
(a) The appeal shall be initiated by the filing of a written notice with the City Community Development Department prior to 5:00 p.m. on the tenth working day following the date of the decision.
(b) The notice of appeal shall concisely and specifically set forth, in writing, the points on which it is urged that the decision of the Planning and Zoning Commission should be set aside by the city’s governing body.
(c) Appeal hearings before the city’s governing body shall be de novo hearings, and may include review and consideration of the record and of any new evidence submitted to the Board prior to or during the hearing before the Board.
(d) The appeal shall be heard by the city’s governing body 30 days of the filing of the notice of appeal.
(e) Decisions on appeals by the city governing body shall be made by a majority vote unless the decision being appealed required a greater than majority vote of the Planning and Zoning Commission. In which case, the increased vote requirement shall be applicable to the decision by the city governing body on the appeal.
(f) The governing body may approve, deny or reverse the decision of the Planning and Zoning Commission, or make such modification upon the appeal as it deems necessary, in order to protect the public interest. The decision shall be based on a finding of fact.
(C) Quasi-judicial nature of appeals.
(1) Appeals of variances and planned unit development permits or site plans are quasi-judicial matters.
(2) Hearings on appeals shall include the following procedures.
(a) A person or group filing an appeal shall include a written “statement of appearance”, giving the name and address of the person making the appeal, signed by the person or the person’s agent. This statement will constitute an appearance of record.
(b) The parties to a quasi-judicial matter shall be any of the following who have entered an appearance of record:
1. The applicant or applicant’s agent;
2. The owners, as shown on the records of the County Assessor, of lots comprising the application site and lots within the area of notice of the original action;
3. Any neighborhood association with a demonstrable interest in the matter being appealed;
4. The representatives of any department or agency of the city that may be affected by the application; and
5. Any person whom the P&Z or the city’s governing body determines to have an interest in the subject matter of the hearing.
(c) A party shall be afforded the opportunity to present evidence and argument, to question and to cross-examine witnesses on all relevant issues. The Planning and Zoning Commission, the city’s governing body, may impose reasonable limitations on the number of witnesses heard and on the nature and length of testimony and questioning to avoid unnecessary and duplicative testimony and assure that testimony and questioning is relevant to the case.
(d) The Zoning Administrator, and/or the Planning and Zoning Commissioners, and/or the Board of Appeals, may question witnesses and may request to review documents presented. The Zoning Administrator shall keep a record of all proceedings in quasi-judicial matters heard by the Planning and Zoning Commission. The City Clerk shall keep a record of all proceedings in quasi-judicial matters heard by the Board of Appeals.
(e) All testimony shall be made under oath or affirmation.
(D) Appeal of a decision or determination of the City Community Development Department.
(1) Any person or party that is aggrieved with the decision or determination made by the city staff in the enforcement of this chapter may appeal the decision to the City Planning and Zoning Commission.
(2) The appeal shall be submitted, reviewed and heard in accordance with the following procedures.
(a) The appeal shall be initiated by the filing of a written notice with the Community Development Department within ten working days from the date of the decision being appealed.
(b) The notice of appeal shall concisely and specifically set forth in writing the points on which it is urged that the decision or determination of the city staff should be set aside by the City Planning and Zoning Commission.
(c) The appeal shall be heard by the City Planning and Zoning Commission following the filing of the notice of appeal.
(d) In making a decision on the appeal, the City Planning and Zoning Commission shall consider only those concise and specific points on which the appellant, in the written notice of appeal, urges the Planning and Zoning Commission to set aside the decision of the city staff. The Planning and Zoning Commission shall consider all oral and written statements from any member or members of the city staff affected by the appeal.
(e) A decision to deny or approve the appeal shall require a majority vote of all City Planning and Zoning Commission members. The decision shall be based on findings of fact that are made a part of the record of the meeting.
(E) Public notice. Public notice shall be given in the same manner as required for the action being appealed.
(F) Appeal of a decision by the city. Any person or party aggrieved with the decision of the Board of Trustees may present the decision to any court of competent jurisdiction for court review within 30 days in the manner required by state law.
(G) Appeal to governing body. Appeals of decisions by the Planning and Zoning Commission to the city’s governing body shall be accompanied by a non-refundable fee as specified by the City Planning and Zoning Commission.
(Ord. 2010-018, passed - -)