(A) (1) The decision rendered by the Planning and Zoning Board on a conditional use permit may be appealed to the Board of Commissioners. Any person or party has the right to appeal the decision of the Planning and Zoning Board regarding any conditional use permit.
(2) Appeals must be made in writing and filed with the city by close of business on the fifth working day from the Planning Commission’s decision. When an official appeal has been filed, the Board of Commissioners shall conduct a public hearing to act on all applications which have been appealed to them for public hearing as provided in this section.
(B) Upon the filing of any appeal of the Planning Commission’s decision of a conditional use permit with the Planning Department, the applicant shall pay to the city an administration fee of $100.
(C) Upon the filing of any appeal of a Planning and Zoning Board decision of a conditional use permit, the city shall set a date for public hearing on the request. Said date for the public hearing shall within 30 days of the appeal and shall be a day when the Board of Commissioners is regularly scheduled to meet.
(D) The city shall mail a notification of the appeal to all land owners as identified in the original mailing as required in § 155.336(D)(2). Notices are to be sent by the city to all parties on the aforementioned list by first class mail no less than ten calendar days prior to the public hearing on the request held by the Board of Commissioners.
(E) (1) The Board of Commissioners shall review the decisions and recommendations of the Planning and Zoning Board of all applications coming before the Board of Commissioners as provided in this chapter.
(2) The Board of Commissioners, in making its determination of such applications, may make changes in accordance with or in rejection or modification of the recommendation of the Planning and Zoning Board. Any modification to the Planning and Zoning Board decision shall be in compliance to the conditional use permit criteria stated in § 155.336(E) inclusively.
(Ord. passed 2-3-2011, § 2.36.030)