The Planning Commission's action taken on a conditional use permit application may be appealed to the Board of Adjustment by any person aggrieved by the decision. Upon filing an appeal of the Planning Commission's action taken on a conditional use permit, the applicant shall pay Custer City the appropriate fee(s) as set forth by the fee schedule adopted annually by resolution and the appeal shall be conducted using the following procedure:
1. Notice of appeal must be filed with the City Planner within ten (10) day of the decision of the Planning Commission. The notice of appeal shall specify the grounds of the appeal, which shall include specific reference to the Planning Commission's finding(s) alleged to be in error or how the city failed to regularly pursue its authority. If a notice of appeal is accepted by the City Planner, the approval of the CUP in question shall be stayed until the appeal is finally resolved by the issuance of the Board of Adjustment's decision.
2. The Appeal will be placed as a public hearing item on the next regular Board of Adjustment meeting that is at least 20 days from when the appeal was submitted.
3. The City Planner shall compile the record and forward it to the Board of Adjustment no later than ten (10) days before the public hearing.
4. The record shall be a public document and will consist of the CUP application, staff report, minutes of the Planning Commission meeting where the CUP was considered, findings of fact and conclusion by the Planning Commission, and any relevant attachments or exhibits.
5. The City Planner shall send, by first-class mail postmarked a minimum of ten (10) days prior to the date of the board of adjustment public hearing, a notice to the following:
a. Each person who provided his or her mailing address while offering testimony during the planning commission hearing when the CUP was first approved.
b. Each owner of record of each parcel situated within two hundred and fifty feet (250) feet of the subject property, exclusive of rights-of-way.
c. The notice shall include the date, place, and time of the public hearing of the Board of Adjustment. The notice shall include a statement that copies of the record of the Planning Commission's decision are available for review and photocopying at the office of the City Planner. Copies of the record may be subject to a Public Records Request process and related fees.
6. It shall require a two-thirds (2/3) vote of the members of the Board of Adjustment to reverse or modify the decision of the Planning Commission. (Ord. 910 (part), 2024: Ord. 805, 2018)