(A) Administrative use permits shall become effective immediately upon the action of the Zoning Administrator, unless otherwise specified by that action. Appeals may be considered in the manner outlined below.
(B) A use permit or variance shall become effective at the end of the appeal period, unless appealed in accord with the following:
(1) In the event that applicant or others affected are not satisfied with the action of the Zoning Administrator, they may appeal to the Commission. Such appeal shall be in writing and shall be filed with the Director of Development Services within five working days after the decision. The day the decision is made shall not count in the calculation of the time period. The term
WORKING DAYS shall mean days upon which the City Hall is open for business and shall exclude weekends and holidays observed by employees in the City Hall. If, after a hearing by the Commission, the applicant or others affected are not satisfied with the decision of the Commission, they may appeal to the Council within five working days after the decision in accord with this section.
(2) The Commission or Council, whichever is appropriate for the appeal, acting through the Director of Development Services or the City Clerk, shall set the date for a public hearing and shall give notice as set forth in this chapter. Notice shall also be given the Commission or Zoning Administrator of such appeal, and the Commission or Zoning Administrator, whichever is appropriate, shall submit a report to the Commission or Council setting forth the reasons for the action taken.
(3) The Council or Commission shall render its decision within 60 days after the filing of such appeal, unless the time period is extended by stipulation.
(4) No building permit shall be issued in any case where a use permit or variance is required by the provisions of this chapter until five working days after the granting of such use permit or variance by the Commission or Zoning Administrator. In the event of an appeal, no such building permit shall be granted until the appeal process has been completed. Building permits issued pursuant to the provisions of this article shall conform to the terms and conditions of the use permits or variances granted.
(5) All appeals to the Commission or Council from the Design Review Board, Zoning Administrator or Commission shall be accompanied by a filing fee as specified by resolution. The City Clerk shall waive the filing fee upon satisfaction that the appellant is indigent.
(Ord. 897-C-S, passed 10-25-94)