1314.05 APPEAL.

   The right of the developer to appeal any adverse decision by the approving agent shall be provided for as follows:

   (a)    Any appeal from a decision of the approving agent shall he commenced by filing a written notice of appeal, on forms to be provided by the Planning Commission, with the Secretary of the Commission. The notice of appeal shall be filed within thirty days after the written decision of the approving agent has been mailed to the last known address of the proposed owner or developer.

   (b)    Reasonable fees for appeals shall be established by the Planning Commission which shall be the body hearing all appeals. The Planning Commission may require the approving agent to document the reasons for its refusal to approve the plans. The appeal hearing shall be scheduled within sixty days of the date that it is filed.

   (c)    At the hearing, any party may appear in person and may be represented by an attorney. The Planning Commission, after hearing the appeal, may affirm, reject or modify the decision of the approving agent. However, the only criteria for the appeal and the only justifications for rejecting or modifying the decision of the approving agent are either:

      (1)    Proof of error made by the approving agent plus proof of compliance with this chapter by the owner or developer; or

      (2)    Proof that total compliance with this chapter will create an undue financial burden upon the owner or developer, plus proof that the plan as submitted by the owner or developer provides feasible near compliance with this chapter, plus proof that the public health, safety and welfare will not be impaired by the plan as submitted.

         (Ord. 91-66. Passed 7-6-91.)