A. Responsibility: This Section identifies the responsibility for hearing appeals and establishes the appeals process for decisions made by the Administration the Planning Commission and the Board of Architectural Review.
1. Appeal of Administrative Action: Any person or party adversely affected by the improper application of these regulations regarding any order, requirement, decision, or determination made by the City Planner, or a designated representative, in the administration or enforcement of the UDO may appeal to the Planning Commission.
2. Appeal of the Planning Commission or Board of Architectural Review: Any person or party adversely affected by the improper application of these regulations regarding any order, requirement, decision, or determination made by the Planning Commission or Board of Architectural Review may appeal to the City Council. (Ord. 16-16)
3. Appeals of a City Council Decision: Appeals of City Council a decision shall be to the Montgomery County Court of Common Pleas. (Ord. 16-16)
B. Appeals to the Planning Commission: The following outlines the appeals process and notification requirements for appeals to the Planning Commission from an administrative decision: (Ord. 17-14, 16-16)
1. Such appeal shall be made within 15 days from the date of the action appealed from, by filing a notice of appeal with the City Clerk of Council. The City Planner shall transmit to the Planning Commission all the papers constituting the record upon which the action appealed from was taken.
2. Planning Commission Hearing: The Planning Commission shall conduct a public hearing in accordance with Article 5.06(D) of the UDO.
3. The Planning Commission shall hear the application or appeal at its first meeting occurring after such required publication and notice. It shall decide the case within 30 days from the date of such hearing. At the hearing, any party may appear in person or be represented by an agent or attorney.
4. At least four (4) votes in support of the Appeal Petition are required to overturn a decision made by the City Planner, or a designated representative.
C. Appeals to City Council: The following outlines the appeals process and notification requirements for appeals from a Planning Commission or a Board of Architectural Review decision (BAR) to City Council: (Ord. 17-14, 16-16)
1. Such appeal shall be taken within 15 days after the final action of the Planning Commission or BAR by filing a written notice of such appeal with the City Clerk of Council. No decision of the Planning Commission or the BAR shall take effect until the expiration of 15 consecutive calendar days from the date of the meeting at which such decision is announced.
2. City Council Hearing: The City Council shall conduct a public hearing in accordance with Article 5.06(D) of the UDO.
3. A proper permit may be issued for construction before the expiration of the 15 day waiting period provided all of the following conditions exist:
a. Required notices have been given and not dispensed with by the Planning Commission or BAR;
b. There are no written objections filed by any person aggrieved by the decision;
c. There are no objections stated at the hearing of the Planning Commission or BAR by any person aggrieved by the decision;
d. No appeal to Council has been filed with the Clerk of Council by any person aggrieved by the decision of the Planning Commission or BAR prior to the issuance of the permit; and
e. The applicant has filed a hold harmless application for the waiver of the 15 day waiting period specifically acknowledging the rights of anyone appealing the decision of the Planning Commission or BAR and that the applicant understands he proceeds at his peril.
4. At least four (4) votes in support of the Appeal Petition are required to overturn a decision of the Planning Commission or BAR.
D. Procedures for Granting an Appeal: The Planning Commission or City Council may affirm, reverse, vacate, or modify the order, adjudication, or decision of a subordinate body or choose to remand the case to the subordinate body with instructions to enter an order, adjudication , or decision consistent with the findings of the Planning Commission or the City Council. In making its decision, the Planning Commission or City Council shall consider the Standards of Approval for the subject application as noted in Article 5.09. (Ord. 16-16)