A. Only the applicant may appeal a decision of the director pursuant to this article. The applicant may appeal the decision of the director to the design review commission. A written appeal petition on a form prescribed by the director shall be filed with the director within fourteen (14) calendar days after the date of the decision being appealed. In the event the last day of the filing period falls on a nonbusiness day, the appeal period shall be extended to include the next business day. The timely filing of the appeal petition is jurisdictional. The fee schedule for appeal petitions shall be approved by the council and maintained on file by the director of finance administration.
B. The applicant or any aggrieved person may appeal any decision of the design review commission to the planning commission in accordance with the procedure outlined in subsection A of this section. The decision by the planning commission on an R-1 design review application shall be rendered by resolution. Such decision may be appealed to the council in the manner provided by title 1, chapter 4, article 1 of this code.
C. Any appeal taken pursuant to this section shall be limited to specific findings the aggrieved party finds objectionable. The appeal petition shall contain a statement of the facts upon which the appeal is taken and shall clearly state which findings the appellant is contesting. The hearing before the appellate body shall be conducted in accordance with the procedures in this article for a track 2 review. The hearing conducted before the appellate body shall not be a de novo hearing of the entire application but shall be limited to those findings challenged in the appeal. (Ord. 04-O-2444, eff. 5-21-2004; amd. Ord. 05-O-2472, eff. 6-17-2005)