Appeals to the Planning and Zoning Commission may be taken by any person, firm, or corporation, or by any officer, board, or department of the City, deeming himself, herself or itself to be adversely affected by the decision of any official administering or enforcing the regulations in this Zoning Code.
(a) Filing. Notice of appeal shall be filed in the office of the Zoning Administrator within thirty days after the date of any adverse order, requirement, decision, or determination. Such written notice of appeal shall specify therein the grounds and reasons for the appeal and shall be accompanied by all necessary plans, documents, or other descriptive material pertinent to the case. Upon the filing, such notice of appeal shall be transmitted to the Planning and Zoning Commission at its next meeting.
(b) Notice of Public Hearing. When a notice of appeal has been filed in proper form with the Commission, the Secretary of the Commission shall set the date for a public hearing of such appeal. Notice of such hearing shall be given to property owners within 500 feet of the boundaries of the tract or lot under appeal, by first-class mail, at least five days prior to such hearing. Notices shall state the time, place, and object of the hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll.
(c) Public Hearing. The appellant may be represented in person or by his or her agent at the hearing. A report of the facts in the case shall be presented by the Zoning Administrator. Any resident or property owner affected or potentially affected by the appeal shall be given the opportunity to be heard. The Commission shall make a determination on such appeal within a reasonable period of time according to the criteria specified in this section.
(d) Recess of Hearing. The Commission may recess such hearings in order to permit additional information to be presented, or to cause further notice to be given to other property owners likely to be affected by such appeal. If the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.
(e) Stay of Proceedings. Once an appeal is filed concerning any type of action being undertaken, such action shall be stopped and shall not be continued until further directed by a decision of the Planning and Zoning Commission.
(f) Decision of the Commission. Within its powers, the Planning and Zoning Commission may reverse or affirm, wholly or in part, or modify the requirement to be done, and to that end shall have all the powers of the officer from whom the appeal is taken. The Commission shall render a decision on the appeal without unreasonable delay. If the Commission fails to act within sixty days from the date the appeal was filed, or an extended period of time as may be agreed upon, the appellant may assume the appeal has been denied.
(g) Notification of Commission’s Decision. A certified copy of the Commission’s decision shall be transmitted to the appellant, the Zoning Administrator, and the Clerk of Council within three days after the Commission makes its decision. Such decision shall be binding on the Zoning Administrator. For applications that are approved, the Zoning Administrator shall incorporate any conditions attached by the Commission into the certificate to be issued. No decision of the Commission shall become final until thirty days from the date such decision is transmitted to the appellant, unless the Commission finds that the immediate effectuation of such decision is necessary for the protection of the public health, safety, and general welfare, and the Commission shall so certify on the record.
(h) Appeals to Council. Any person who is aggrieved by a decision of the Planning and Zoning Commission may, within thirty days after such decision is rendered, appeal to Council. After reviewing the Commission’s decision, Council may reverse or modify the decision by an ordinance approved by a two-thirds majority vote of its membership.
(Ord. 24-97. Passed 10-14- 97; Ord. 63-2019. Passed 9-10-19; Ord. 25- 2021. Passed 4-13-21.)