(a) In the event that a Vendor Permit Application is denied by the Zoning Administrator, or in the event that a previously issued permit is revoked pursuant to the authority granted herein, the decision of the Zoning Administrator to deny or revoke the permit may be appealed to the City Manager by the party filing the original application. The following provisions shall govern the application process and process for an appeal of the Zoning Administrator's determination:
(1) Timely Appeal Required. The appeal shall be filed within five (5) calendar days after the issuance of the Zoning Administrator's determination to deny a permit or revoke a previously issued permit.
(2) Application Form Required. The appeal shall be made on the application form prescribed by the office of the City Manager.
(3) Application Materials and Fees Required. The appeal shall be filed in person and shall include the following information:
A. Application Form;
B. Filing Fees in the amount of seventy-five dollars ($75.00);
C. A copy of the original application and filing seeking a permit to conduct activities as regulated by this Chapter; along with the receipt evidencing receipt of the request by the City and the payment of the required fees, or in the case of an appeal involving a permit revocation, a copy of the issued permit;
D. A copy of the signed written denial letter issued by the Zoning Administrator, or in the case of a permit revocation, a copy of the written order issued by the Zoning Administrator revoking the previously issued permit;
E. A written statement documenting the reasoning for the appeal and how the adverse decision specifically results in the imposition of an undue hardship upon the appealing party.
(4) Certification of Application. Upon receipt of the appeal, the City Manager, or a designated representative, shall immediately date stamp the request and shall review the application for completeness, to ensure that the required documentation has been provided.
(5) Review Process. After processing the request and determining that all required information has been provided by the appealing party, the City Manager shall review the request and shall issue a determination as to whether to grant the appeal, or to uphold the determination of the Zoning Administrator within ten (10) business days of receiving the appeal.
(6) City Manager's Determination. In reviewing the request, the City Manager may review the totality of the evidence presented and may conduct other investigatory and fact-finding activities prior to issuing a determination regarding the appeal, provided that the determination is issued within the required ten (10) day period as prescribed herein. The City Manager's determination shall be evidenced in writing and furnished to the appealing party. The determination of the City Manager shall be final and non-appealable.
(7) Supplementary Conditions and Safeguards. In granting any appeal, the City Manager may prescribe appropriate conditions and safeguards to assure conformity with the intent of this Chapter, any other adopted City Ordinance or policy, or as required to protect public health and safety. Violation of such conditions and safeguards when made a part of the terms under which the appeal is granted shall be deemed a violation of this chapter, punishable under Section 732.99 of this Chapter.
(Ord. 2023-93. Passed 9-12-23.)