The provisions of this section shall apply in the absence of more specific regulations.
(A) Notice of action on any application made pursuant to the Zoning Ordinance shall be given to the applicant in writing within 10 business days from the date of the decision. The decision on the application shall be final unless within 10 business days from the date of the decision, the applicant or any member of the public or a Council member shall file a written appeal thereon.
(B) The notice shall specify that the decision is final absent a timely appeal to the Planning Commission or the City Council as the case may be. In the case of a final decision where there is no further appeal, the notice shall so specify.
(C) If a decision is appealable to the Planning Commission, a written appeal shall be filed with the Community Development Department. If a decision is appealable to the City Council, a written appeal shall be filed with the City Clerk. Appeals shall be accompanied by a filing fee in an amount established by resolution of the City Council. No fee shall be required if the appeal is made by a member of the City Council.
(D) A hearing on the appeal shall be held not less than 10 business days, nor more than 40 business days, from the date of receipt of the appeal by the city. The appellant shall be notified of the hearing in writing and notice of the hearing shall also be given in the manner prescribed by state law if applicable. The hearing may be continued from time to time upon mutual consent.
(E) At the date and time set for the appeal hearing, the Planning Commission or the City Council, as the case may be, shall proceed to hear evidence, take testimony from all interested parties and render a decision based upon the evidence and testimony received, approving, denying, or modifying, in whole or in part, the decision which is being appealed.
(F) All notices should be personally served or be accompanied by an affidavit or proof of service of mailing. Failure to include such affidavit or proof of service shall not invalidate any decision or notice given pursuant to this section.
(Ord. 526-C.S., passed 7-16-02)