(A) Applicability. The appeal of Subdivision Chapter interpretation process shall facilitate review of questions of interpretation that arise in the administration of this chapter, including review of any order, requirement, decision, or determination made by city staff.
(B) Submission. The application for an appeal of Subdivision Chapter interpretation shall be filed pursuant to § 151.05.11(G) within 30 days of the alleged grievance or judgment in question.
(C) Criteria for review. In considering an appeal, the City Council shall consider, but not be limited to, the following criteria:
(1) Consistency with the Comprehensive Plan, including its vision, mission, values, and policies;
(2) The plain meaning of the regulation;
(3) Surplus language;
(4) Conflicting provisions; and
(5) Policy history.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and refer it to applicable city staff for review.
(2) Decision.
(a) The City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed.
(b) The final disposition of an appeal shall be in the form of a written decision or order signed by the Mayor and the City Clerk. Such decision shall state the reasons for the City Council's determination with findings of fact.
(E) Effect of approval.
(1) Interpretations approved by the City Council shall expire one year after issuance if the performance of work is required and substantial work has not commenced.
(2) A permit shall be valid only as long as the conditions upon which it is granted are observed.
(F) Reconsideration. No appeal which has been dismissed or denied shall be considered again without material alteration or revision within one year of the City Council's decision, except pursuant to court order.
(Ord. 20220120-01, passed 1-20-22)