§ 158.40  APPEALS.
   A developer may appeal to the Council a Commission plat disapproval decision based on a claim of error in Commission interpretation or application of any rule, standard, regulation or requirement set forth in this chapter, subject to the following.
   (A)   The appellant must first request a rehearing before the Commission. The request must be in writing, signed by the appellant and filed with the Building Official no more than five days after the Commission’s decision is appealed and must specify in detail each error claimed.
   (B)   The Commission shall, at its next regular meeting, immediately following the fifth day after the appellant files a request for rehearing, either deny or grant the request for rehearing. If it is not granted at that meeting, the request shall be deemed denied at that meeting.
   (C)   If it is granted, the hearing shall be held at that meeting, unless it is a replat that is at issue. In such instance, the hearing shall be held on or before the thirtieth day after the date the request for rehearing is granted.
   (D)   The decision of the Commission shall be made at the conclusion of the rehearing. If the Commission makes no decision at the rehearing, the request shall be deemed denied.
   (E)   If the rehearing is denied or if the Commission upon rehearing again disapproves the application, within five days after denial, the appellant must file a notice of appeal with the Building Official.
   (F)   The notice must be in writing, signed by the appellant and must specify in detail the errors claimed.
   (G)   The Building Official shall prepare and the Chairperson of the Commission shall sign a written notice of all reasons for the Commission’s decision to disapprove. This notice must be completed no more than ten days after appellant’s notice of appeal is filed, unless this notice is waived by the Council.
   (H)   The appellant and Commission may amend their notices at any time until three days prior to the commencement of the Council hearing.
   (I)   The Council shall hold a hearing on the appeal at its first regular meeting following the thirtieth day after the appellant’s notice of appeal is filed.
   (J)   At the hearing, the Council shall determine only the matters described in the notices and responses thereto filed by the appellant and the Commission, and other matters deemed by it to be, in its discretion, appropriate.
   (K)   The Council shall make its decision at the conclusion of the hearing.
   (L)   The Council may reverse a Commission plat disapproval only if:
      (1)   The Commission was in error in its interpretation or application of any rule, standard, regulation or requirement set forth in this chapter; and
      (2)   The plat would not have been disapproved, but for such error.
   (M)   If the Council reverses the decision of the Commission, the plat shall be deemed approved in accordance with the Council’s decision and by the Commission as of the date of the Council’s reversal of the Commission decision.
   (N)   The time periods within which the Commission and the Council must act on a plat are suspended throughout the pendency of any appeal.
(2012 Code, § 77-61)