A. The site plan review applicant, any aggrieved citizen, or any two (2) members of the zoning advisory commission may, upon notice, appeal in whole or in part, any determination or decision of the city planner made within the scope of this chapter, including a decision to waive site plan review made pursuant to section 16-12-4 of this chapter. Appeal is without cost and shall be made by delivery of written notification of the appeal to the planning services department within the fifteen (15) days immediately following the decision or determination from which appeal is sought.
B. The zoning advisory commission shall review all appeals, and to that end shall have all the powers and duties of the city planner relative to site plan review. The affirmative vote of at least four (4) commissioners shall be necessary to affirm, overturn, or modify the decision from which appeal is sought. At the commission meeting, the appealing party or parties and all other interested parties shall be presented a reasonable opportunity to present their views. Following the appeals hearing, the commission must take action no later than the next regularly scheduled commission meeting. A failure to act within such period shall have the effect of affirming the determination from which appeal has been made. Decisions of the zoning advisory commission may be appealed to the zoning board of adjustment in the same manner as appeals from a decision of an administrative officer. (Ord. 52-09, 10-19-2009)