An appeal of a staff decision, or a portion thereof, for either preliminary or final development plan approval, shall be in accordance with the following:
(A) A written appeal shall be filed with the Planning and Zoning Office within 30 days of the date of the planning staff’s written decision with the prescribed filing fee.
(B) The appeal shall be on a form prescribed by the Plan Commission and include the following:
(1) Copy of the staff decision, or portion thereof, that is being appealed and the reasons for the appeal;
(2) Any additional documentation supporting the appeal; and
(3) List of property owners of record within 300 feet of the proposed development.
(C) The Plan Commission shall conduct a public hearing prior to taking any action. At least 10 days prior to the hearing the Plan Commission staff shall have a legal notice of the hearing published in the local newspaper and a notice sent by regular mail to all property owners of record located within 300 feet of the proposed development.
(D) Staff shall provide copies of all documentation supporting the decision under appeal.
(E) Following the public hearing the Plan Commission shall either affirm, modify or reverse the staff decision.
(F) In order to reverse or modify the staff decision, the Plan Commission must find that the development plan maintains the intent of the applicable development requirements and design standards.
(G) A written notice of action, including the reasons therefor, shall be signed by the Plan Commission President and provided to the applicant and to other interested parties upon request. Notice shall be furnished within 5 working days after a decision has been rendered by the Plan Commission.
(1979 Code, § 151.156) (Ord. 4370, passed 7-20-1998)