Appeals to the Planning Commission may be submitted by any person, firm or corporation, or by any officer, board or department of the City, deeming him/herself or itself to be adversely affected by a decision of the Zoning Administrator, or by any administrative officer deciding matters relating to this Planning and Zoning Code.
(Ord. 62-2023. Passed 1-16-24.)
Applications for appeal shall be filed with the Zoning Administrator within fifteen (15) days after the date of any adverse order, requirement, decision, or determination. The application for appeal shall include reference to the decision, the provision of this Planning and Zoning Code from which the appeal is sought, and reasons for the appeal.
(Ord. 62-2023. Passed 1-16-24.)
When an application for appeal has been filed in proper form with the Planning Commission and the application fee has been paid, the Zoning Administrator shall immediately place the request upon the calendar for public hearing before the Planning Commission. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney.
(Ord. 62-2023. Passed 1-16-24.)
Notice of such public hearing shall be given by first class mail to the parties making the request for the appeal and to the property owners within 250 feet of the property to which such appeal relates. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given in one or more newspapers of general circulation in the city. All notices shall be made at least ten (10) days before the date of said public hearing. All notices shall set forth the time, place and nature of the public hearing.
(Ord. 62-2023. Passed 1-16-24.)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator shall certify to the Planning Commission after the notice of the appeal has been filed, that by reason of facts stated in the permit, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction.
(Ord. 62-2023. Passed 1-16-24.)
The Planning Commission shall review the appeal. To aid in their review, the Commission may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or expert opinions shall be compiled by the Zoning Administrator and transmitted to the Commission prior to the time of the Commission's review. (Ord. 62-2023. Passed 1-16-24.)
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