(A) Board of Appeals. The Planning Commission is constituted as the Board of Appeals and shall have the duty of hearing all appeals from any order, requirement, or decision made by the Zoning Official, Planning Official, or Building Official, and from any interpretation of the text of the Zoning Code or any determination by the Zoning Administrator as to the location of the boundary of a zoning district as shown on the official zoning map. The Board of Appeals shall have the final authority to deny such appeal after due study and deliberation. Should the Board of Appeals act favorably on the appeal it shall forward its recommendations to the Council for final action.
(B) Notice. Notice of hearings shall be mailed to all appellants. In all cases rendering determination of district boundary lines or interpretation of the text of the Zoning Code, a notice shall be published in the official newspaper once at least ten (10) days prior to the hearing. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Department of Natural Resources, Division of Waters and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivision/plats must include copies of the subdivision/plat. A copy of approved amendments and subdivision/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Department of Natural Resources, Division of Waters and postmarked within ten (10) days of final action.
(C) The City Council, Planning Commission and city staff shall have the authority to request additional information from the applicant concerning the appeal or to retain expert testimony with the consent and at the expense of the applicant concerning the appeal, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Zoning Code and all other city codes and ordinances.
(Ord. 395, passed 7-6-2010)