A. Procedure:
1. Application And Submittal Requirements:
a. Any application for an appeal shall be submitted within twenty one (21) days of the issuance of the approval or disapproval of the utility compliance permit and shall be accompanied by the application and the fees as established by resolution of the City Council.
b. An application shall include:
(1) The applicant's name, address, telephone number and e-mail.
(2) Identification of the application which is the subject of the appeal.
(3) A written statement describing his or her standing to appeal.
(4) The applicant's statement of grounds for the appeal addressing why the appellant believes the decision to be unlawful or inappropriate to the factual circumstances and/or demonstrating how an exception would meet subsection 8-6-16A6 of this chapter.
2. Setting Of Appeal Hearing: Upon the timely filing of an appeal, the City shall set the date, time and place for the appeal to be heard by the City Council.
3. Burden Of Proof: The appellant shall bear the burden of proving the decision was unlawful or inappropriate to the factual circumstances presented to the Director.
4. Notice Of Appeal: Appeals of the utility compliance permit decision, where an applicant requests a reconsideration of the approvals or disapprovals of the permit shall be subject to a public hearing process as follows:
Payment of the applicable appeal fee and the associated noticing fees. At least fifteen (15) days prior to the hearing, notice of the proposal in compliance with section 11-12-4 of this Code, shall be published in the official newspaper of the City. Notice by first class mail, fifteen (15) days prior to the hearing shall also be provided to property owners and purchasers within three hundred feet (300') beyond, excluding streets and alleys, or the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed exception as determined by the City Council. When notice is required of two hundred (200) or more property owners or purchasers of record, notice may be given through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the City at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site, in lieu of mailed notice. The applicant shall bear the responsibility and cost of all legal publications and the public notice.
5. City Council Decision On Appeal:
a. After the public hearing, the City Council shall approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the Council shall issue a utility compliance permit listing the specific conditions specified by the City Council for approval.
b. Upon granting a utility compliance permit, conditions may be attached to the utility compliance permit, including, but not limited to, those addressing the standards of approval identified in subsection 8-6-16A6 of this chapter.
c. Upon granting or denying an application, the City Council shall specify in writing:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for approval or denial; and
(3) The actions, if any, that the applicant could take to obtain a permit. (Ord. 596, 5-24-2019)