The hearings body may retain authority to dismiss an appeal for failure to follow the requirements of this chapter.
(A) Appeals of a decision of the City Planner. Where it is alleged that there is an error in any procedure or decision made by the City Planner, an appeal may be made therefrom to the Planning Commission on a form prescribed by the city. An applicant’s appeal of a City Planner action shall be filed within 15 days of the effective date of the decision. In the event that the final day for the filing of an appeal falls on a Saturday, Sunday, or legal holiday, the period for the filing of an appeal shall be extended through the next working day. An appeal of a City Planner decision shall be filed with the city and shall be accompanied by a written statement of the grounds for the appeal and any required filing fee and deposit for costs. Upon receipt of an appeal, the city shall schedule a public hearing before the Planning Commission. Public notice of the hearing shall be in accordance with § 152.206 of this subchapter.
(B) Appeals of a decision of the Planning Commission. Where it is alleged that there is an error in any procedure or decision made by the Commission, an appeal therefrom may be made to the City Council. Such an appeal shall be filed with the city within 15 days of the effective date of the subject decision of the Commission. In the event that the subject decision falls on a Saturday, Sunday, or legal holiday, the period for the filing of an appeal shall be extended through the next working day. An appeal of a Commission decision subject to review by the City Council pursuant to this section shall be filed on a form prescribed by the city and shall be accompanied by any required filing fee and deposit for costs. When an appeal is filed, within ten days of such filing, the City Planner shall provide to the City Council the record of the proceedings and decision of the Commission. The City Council shall hold a public hearing on the appeal. Public notice of the appeal shall be in accordance with § 152.206(B) of this subchapter.
(C) City Council action.
(1) The Council may affirm, modify, or reverse all or part of the action of the Commission or may remand the matter for additional review or information.
(2) The City Council may, on its own motion, review any decision of the City Planner or the Planning Commission pursuant to the review procedures. Such motion shall be made within 14 days of the effective date of the decision to be reviewed.
(3) The city shall provide notice of a decision to any party participating in a hearing.
(Ord. 24, passed 4-5-1976; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 174, passed 3-16-1992; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)