A. Planning Commission as Board of Appeals and Adjustments; Authority: The Planning Commission shall act as the Board of Appeals and Adjustments and shall determine, in harmony with the general purpose of this title and the Comprehensive Plan, by resolution, all appeals from any order, requirement, permit or decision made by the Community Development Director under this Title, and from any interpretation of the text of this title, or any determination by the Community Development Director as to the location of the boundary of a zoning district as shown on the zoning map.
B. Filing of Appeal: Within ten (10) business days after a decision of the Community Development Director under the provisions of this title, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the City affected thereby may appeal to the Planning Commission by filing a written notice to the City Clerk, stating the specific grounds upon which the appeal is made.
C. Board Hearing; Notice: The Planning Commission, as the Board of Appeals and Adjustments, may conduct such hearings and shall afford the applicant an opportunity to present evidence, testimony and witnesses. The Planning Commission shall render a decision to uphold or overturn the decision of the Community Development Director.
D. Council Hearing: An applicant may appeal from a decision of the Board of Appeals and Adjustments made pursuant to City Code Section 11-2-13.C., within ten (10) business days after a decision of the Board of Appeals and Adjustments by filing a written notice to the City Clerk, stating the specific grounds upon which the appeal is made.
1. The Council may review and revise any decision of the Board of Appeals and Adjustments. The hearing shall be held within thirty (30) days after the decision is made by the Board of Appeals and Adjustments.
2. Notice of the hearing before the Council shall be mailed to all appellants. In all cases involving determination of district boundary lines or interpretation of the text of this Title, ten (10) days’ published notice of hearing in the official newspaper shall be given. The City Council will conduct the hearing based on the record of the Board of Appeals and Adjustments and may consider new testimony and evidence at its discretion. The City Council shall determine whether or not the decision of the Board of Appeals and Adjustments should be upheld or overturned. The decision of the City Council shall be final.