Any decision of the Burley planning and zoning commission granting, denying, or revoking a C-2A special use permit, or issuing a probationary order, may be appealed to the Burley city council. Appeal shall be by the following procedure:
(A) The appellant shall give written notice of the action appealed from, and the relief sought, by filing with the Burley city clerk within five (5) days from the action.
(B) The hearing on the appeal will be scheduled before the Burley city council not less than ten (10) nor more than thirty (30) days after the date the notice was filed.
(C) C-2A uses may continue until the appeal is resolved.
(D) If the Burley city council finds the planning and zoning commission failed to follow correct procedures, or failed to consider material facts it may remand the matter with instructions for further consideration by the commission.
(E) If the Burley city council finds the matter should be considered on the merits by the council it may order a public evidentiary hearing meeting the notice and hearing requirements for granting the permit. The council shall consider the matter de novo at the hearing. Any person may present evidence at the hearing. (Ord. 1195, 11-15-2005)