A. All appeals from decisions of the planning commission regarding nonadministrative conditional use permits shall be reviewed by the appeal authority.
B. An appeal shall be filed in writing with the city recorder within ten (10) calendar days of the date of the planning commission decision at which the permit was approved.
C. Except as provided in subsection D of this section, review of decisions of the planning commission shall be confined to the administrative record developed by the commission.
D. The appeal authority may hold a public hearing or permit an evidentiary review outside the planning commission record to determine whether:
1. An alleged procedural irregularity has occurred that does not appear in the record; or
2. The proposed use would:
a. Influence patterns of growth adverse to the integrity of the general plan as implemented by this code;
b. Have a long term detrimental impact on city resources available for capital improvements or urban services; or
c. Undermine the health, safety, or welfare of the surrounding neighborhood or community.
E. The appeal authority shall review the record of the planning commission, together with additional evidence when received, to determine if the decision was correct.
If the appeal authority determines that the use does not comply with the general standards or that the conditions proposed or imposed do not substantially mitigate or eliminate all anticipated detrimental impacts or effects, it shall then determine if there are additional or substitute conditions that may be proposed or imposed.
If the appeal authority determines that the detrimental effects of the proposed conditional use cannot be substantially mitigated or eliminated by the proposed or imposed conditions in order to achieve compliance with the standards, it may deny the conditional use.
The appeal authority may also remand the appeal to the planning commission for further consideration. The city appeal authority shall be governed by the general standards set forth herein in making its determination.
F. Any decision by the appeal authority, except a remand to the planning commission, shall be final and subject to the conditions imposed by the appeal authority. The development code shall not be construed to vest a right to any conditional use except upon complete and continued compliance with the conditions finally approved.
G. Ex parte communication between the appeal authority serving in an official capacity in a proceeding regarding an appeal of a nonadministrative conditional use appeal and any party to the appeal is prohibited. (Ord. 12-15, 7-11-2012; amd. Ord. 20-13, 5-6-2020)