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(a) An applicant may appeal to the Planning Commission a decision or order of a Municipal official alleging an error in applying the Planning and Zoning Code. An appeal shall be heard and decided pursuant to the rules and procedures in this Chapter.
(b) An appeal may be filed by the owner of the subject property, the applicant or a person having legal standing the order or decision relating to such property. The appeal shall be filed with the Community Development Administrator within twenty (20) days of the administrative decision or order.
(c) An appeal shall identify the decision or order being appealed and identify all parties in interest. The Code section(s) alleged to have been violated, the grounds for the appeal and the relief sought shall be stated therein. A copy of the administrative decision or order shall be attached. (Ord. 3273. Passed 5-9-24.)
(a) The Planning Commission may grant a variance from the requirements of the Planning and Zoning Code. An application for variance shall be heard and decided pursuant to the rules and procedures in this Chapter.
(b) A request for variance shall be filed with the Community Development Administrator by the owner of the property, an authorized agent acting under written authorization of the owner, or a person with an interest in the property.
(c) The application shall refer to the regulatory requirement from which a variance is requested and state the specific circumstances in support, the specific relief sought, and the justification for the variance. The application shall be notarized.
(d) The Planning Commission does not have jurisdiction to grant a variance from the Municipal Standards and Specifications.
(e) A variance to a minimum requirement set forth in Title One or Title Three of the Planning and Zoning Code may be granted when the Planning Commission determines that the variance will not be contrary to the public health, safety or general welfare nor contrary to accepted planning and engineering standards and practices.
(Ord. 3273. Passed 5-9-24.)
For the administrative appeal shall be processed as follows:
(a) Review Upon Receipt. Within three (3) business days of receipt, the Community Development Administrator shall review the appeal and attached documents and verify that the fees have been paid. If the submission is deficient, the Community Development Administrator shall notify the appellant of the necessary corrections, additional information or documents needed. When the submission requirements are satisfied, the Administrator shall accept the appeal for review.
(b) Municipal Review. The Community Development Administrator shall forward a copy of the appeal and attachments to the official who made the decision.
(1) Within ten (10) business days thereafter, the official shall transmit to the Community Development Administrator the record of the proceedings and the official's comments in response to the issues raised in the appeal. The official shall make a copy of the record on appeal for the municipal file.
(2) When review by the City Staff and municipal consultants is completed, the Community Development Administrator shall schedule the appeal for hearing before the Planning Commission. The Community Development Administrator shall forward the appeal, attachments thereto, the record on appeal and the official's comments in response to the appeal to the Planning Commission Secretary.
(c) Public Hearing. Any person may appear at a public hearing and give testimony under oath. Witnesses shall be subject to questioning. All competent testimony, evidence, and staff recommendations shall be considered. Additional information from the appellant or the City staff may be requested for full and proper consideration of the appeal. Such additional reports, comments or expert opinions shall be transmitted to the Secretary prior to the next hearing. A public hearing may be recessed from time to time to a date certain; no further notice is necessary. After all testimony is taken and all exhibits are received, the hearing shall be closed.
(d) Decision. The Planning Commission, by a majority vote of the appointed members, shall adopt an Announcement of Decision with findings of fact that address the applicable factors to decide the appeal. The Announcement of Decision with the findings of fact and discussion of the evidence upon which the decision is based shall be issued within thirty five (35) days from the close of the hearing. The Planning Commission may reverse or affirm the official's decision, in whole or in part, and may order that a certificate be issued. The order may attach terms and conditions of approval to the certificate.
(e) Within ten (10) business days of the Announcement of Decision by Planning Commission, the Community Development Administrator shall transmit a copy of the written decision to the applicant, the Secretaries of the Planning Commission and the Clerk of Council.
(Ord. 3273. Passed 5-9-24.)
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