§ 153.218  APPEALS.
   (A)   The Planning Commission shall have the power to hear and decide appeals at a public hearing on the enforcement or interpretation of the provisions of this chapter.
   (B)   If an applicant or other aggrieved party is not satisfied with the action of the Planning Commission a request for an appeal to the City Council may be made within ten days following the Planning Commission’s action.
      (1)   An AGGRIEVED PARTY is anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns prior to the hearing.
      (2)   A request for an appeal, along with a filing fee (as set by City Council resolution) shall be made on a form provided by the city. If no form exists, a letter clearly identifying the action being appealed and the reasons for the appeal will be accepted.
      (3)   If an appeal request and filing fee is received by the City Clerk within ten days following the Planning Commission’s determination, the City Clerk shall:
         (a)   set a date for a City Council public hearing within sixty (60) days after the filing of an appeal request; and
         (b)   notify the applicant or aggrieved party by U.S. Postal Service not less than ten days prior to the date set for the hearing (notice by mail is deemed given on the date the notice is placed in the U.S. mail system.); and
         (c)   Follow the same legal public notice requirements that were required for the noticing of the Planning Commission’s public hearing to consider the matter; and
         (d)   Give notice to the Community Development Director or his/her designee of such appeal; who shall submit a report to the City Clerk, setting forth the reasons for action taken by the Planning Commission prior to the appeal hearing.
      (4)   The City Council shall render its decision within 30 days of said hearing.
   (C)   If the action by the Planning Commission is not appealed, the action becomes effective on the eleventh day following the date of the Planning Commission’s action.
(Ord. 2016-003, passed 4-26-16)