(A) Interpretation or action appeals. Any person dissatisfied with an interpretation or action of the Approving Authority may appeal such action to the Appeal Authority, as designated in Table 153.210.020. Actions made by the City Council are not subject to appeal. For actions not listed in the table, the Appeal Authority is as follows.
(1) The Design Review committee’s decision may be appealed to the Planning Commission.
(2) The City Planner’s decisions may be appealed to the Zoning Administrator.
(3) The Zoning Administrator’s decisions may be appealed to the Planning Commission.
(4) The Planning Commission’s decisions may be appealed to the City Council.
(B) Appeal filing. Appeals shall be filed within ten days following the date of determination or action for which an appeal is made and shall be accompanied by a filing and processing fee, as determined by resolution of the City Council. All appeals shall be in writing, identifying the action being appealed, specifically stating the basis or grounds of the appeal, and shall be submitted to the following entity:
(1) Submit the appeal and required fee to the City Planner if the Zoning Administrator or Planning Commission is the Appeal Authority.
(2) Submit the appeal and required fee to the City Clerk if the City Council is the Appeal Authority.
(C) Appeal hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings shall be conducted within 45 days from the date of the appeal application being complete. Notice of hearing for the appeal shall be provided pursuant to noticing requirements outlined in § 153.210.100.
(D) Public hearing attendance. The person filing the appeal must be present at the public hearing.
(E) Appeal actions. Each appeal shall be considered de novo (new), and the Appeal Authority may reverse, modify or affirm the decision in whole or in part based on evidence presented at the hearing and applicable staff reports. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. The Appeal Authority may modify, delete or add conditions, as it deems necessary. The Appeal Authority may also refer the matter back to the original Approving Authority for further action.
(F) Written notice of decision. Following the process, the Appeal Authority shall provide written notice of the decision to the person filing the appeal and other persons requesting the notice.
(Ord. 1346, passed 5-2-12)