(A) Any person dissatisfied with any action of the Director of the Community Development Department pertaining to this § 5-6-12 may appeal to the Planning Commission within ten days after written notice of the Director’s decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the Director of the Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief.
(B) Any person dissatisfied with any action of the Planning Commission pertaining to this section may appeal to the City Council within ten days after the rendition of the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the director of the Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief.
(C) The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
(D) If an appeal is not filed within the time or in the manner prescribed in this section, the right to review the action against which the complaint is made shall be deemed to have been waived.
(E) After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing.
(F) The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.
(G) At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant.
(Ord. 627, passed 4-5-2016)