A. Appeal Of Zoning Administrator Decision To Design Review Board: Administrative level design review decisions may be appealed to the design review board. An appeal fee, as may be adopted by resolution of the city council, shall be required for any appeal. Any such appeal shall be submitted within ten (10) calendar days after the zoning administrator's written decision by filing with the zoning administrator a notice of appeal specifying the grounds for the appeal. The zoning administrator shall transmit to the design review board, all documents constituting the record upon which the appeal is based.
B. Action By The Design Review Board: Within forty five (45) days after receipt of the appeal, the design review board shall approve, approve with conditions, continue for further review, or deny the appeal. Upon granting or denying an appeal, the design review board shall specify:
1. The ordinance and standards used in evaluating the appeal;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant or appellant could take to obtain the result requested.
C. Notice To Appellant: Within two (2) days after the design review board's written decision has been rendered, the zoning administrator shall provide the appellant written notice of the action on the request. The decision of the design review board shall be final unless the design review board's decision is appealed timely to the city council.
D. Appeal Of Design Review Board Decision To City Council: Design review board decisions may be appealed to the city council. An appeal fee, as may be adopted by resolution of the city council, shall be required for any appeal. Any such appeal shall be submitted within twenty (20) calendar days after the design review board's written decision by filing with the zoning administrator a notice of appeal specifying the grounds for the appeal. The zoning administrator shall transmit to the city council, all documents constituting the record upon which the appeal is based. An appeal stays all proceedings in furtherance of the action taken unless the zoning administrator certifies to the city council after the notice of appeal is filed with the zoning administrator that by reason of facts stated in the application, a stay would, in the zoning administrator's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the city council or by a court based upon an application, with notice to the zoning administrator showing due cause.
E. Action By The City Council: Within forty five (45) days after receipt of the appeal, the city council shall approve, approve with conditions, continue for further review, or deny the appeal. Upon granting or denying an appeal, the city council shall specify:
1. The ordinance and standards used in evaluating the appeal;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant or appellant could take to obtain the result requested.
F. Notice To Appellant: Within two (2) days after the city council's written decision has been rendered, the zoning administrator shall provide the appellant written notice of the action on the request. Such written notice shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. The decision of the city council is final. (Ord. 710, 1-14-2014)