A. Purpose: The purpose of this section is to standardize the appeal procedure for any party from any adverse ruling of either the city council, planning and zoning commission or zoning administrator. All time limits set out herein shall be deemed controlling unless a specific time limit is set out in another section. Any party aggrieved by the final action of the zoning administrator, planning and zoning commission or city council, may appeal in accordance with the appellant procedures herein set forth. Time limits shall be deemed jurisdictional. (1984 Code § 5-16-0)
B. Appeals From Decisions Of Zoning Administrator:
1. Any aggrieved party may appeal to the planning and zoning commission from a final adverse decision of the zoning administrator. Such appeal must be filed in writing with the zoning administrator or the planning and zoning commission within fifteen (15) days after the decision is rendered.
2. Notice of appeal may be informal, but shall be in writing and shall set out reasons why the appealing party is aggrieved and shall state why the appellant believes the zoning administrator committed error.
3. The planning and zoning commission may hear the appeal either by receiving and reviewing the record accumulated by the zoning administrator or by holding a hearing. Should the planning and zoning commission choose to schedule a hearing, such a hearing shall be held at the first regular planning and zoning commission meeting which falls after the filing of the notice of appeal; provided, that at least five (5) days have elapsed between notice of filing and meeting. If the regular meeting is less than five (5) days after filing, said hearing may be scheduled at the next regularly scheduled meeting. Should the planning and zoning commission choose to decide an appeal strictly on the record presented by the zoning administrator, the planning and zoning commission may do so at any time, but no later than the first regular meeting which occurs fifteen (15) days after the filing of the notice of appeal.
4. Within sixty (60) days after the hearing or record review, the planning and zoning commission shall render a decision, together with a summary of findings, setting forth reasons why a particular decision was made.
5. Should the planning and zoning commission fail to take action within the allotted time, the appeal shall be deemed denied and the aggrieved party may pursue further appeal. (1984 Code § 5-16-1)
C. Appeals From Decisions Of Planning And Zoning Commission:
1. Any aggrieved party may appeal to the city council from a final adverse decision of the planning and zoning commission. Such appeal must be filed in writing with the zoning administrator or the city council within fifteen (15) days after the decision is rendered.
2. Notice of appeal may be informal, but shall be in writing and shall set out reasons why the appealing party is aggrieved and shall state why the appellant believes the planning and zoning commission committed error.
3. The city council may hear the appeal either by receiving and reviewing the record accumulated by the zoning administrator or by holding a hearing. Should the city council choose to schedule a hearing, such a hearing shall be held at the first regular city council meeting which falls after the filing of the notice of appeal; provided, that at least five (5) days have elapsed between notice of filing and meeting. If the regular meeting is less than five (5) days after filing, said hearing may be scheduled at the next regularly scheduled meeting. Should the city council choose to decide an appeal strictly on the record presented by the zoning administrator, the city council may do so at any time, but no later than the first regular meeting which occurs fifteen (15) days after the filing of the notice of appeal.
4. Within sixty (60) days after the hearing or record review, the city council shall render a decision, together with a summary of findings, setting forth reasons why a particular decision was made.
5. Should the city council fail to take action within the allotted time, the appeal shall be deemed denied and the aggrieved party may pursue further appeal. (1984 Code § 5-16-2)
D. Appeals From Decisions Of City Council: Any person aggrieved by a final decision of the city council may appeal to the district court within twenty eight (28) days. For purposes of filing an appeal, an aggrieved person shall be limited to a person whose permit has been denied in full or in part, or a property owner whose property lies within three hundred feet (300') of the property subject to city council action. (1984 Code § 5-16-3)
E. General Provisions:
1. Representation: Any party may be represented at any stage by counsel.
2. Quorum: The city council or planning and zoning commission shall act by a simple majority of a quorum.
3. Stay Of Proceedings: Any appeal stays all work or all proceedings in furtherance of the action unless the zoning administrator certifies to the planning and zoning commission, after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life or property. (1984 Code § 5-16-4)