(a) Filing. Within ten (10) calendar days after the date of the rendition of a decision by the Planning Commission, an appeal to the Council may be taken by the applicant, or by any person or political entity aggrieved, or by any officer, department, board or commission of the City affected by the decision. An appeal may be commenced only by filing within the Community Development Department a notice of appeal which specifies the grounds of appeal and the action which the appellant requests the Council to take. Appeals shall be submitted on forms provided for that purpose by the Community Development Department, and shall be accompanied by the applicable fee as specified in the City’s Master Fee Resolution. Prior to and as a prerequisite to filing a notice of appeal, an appellant shall obtain certification from the Community Development Department that an appeal is in order for Council consideration and that, when applicable, all information and maps required in connection with the appeal have been filed with the City. The Department shall note the date and time such notice is filed and forthwith sent a copy to the City Attorney. No filing fee shall be charged or collected for any application or appeal filed by a City officer, employee, board or commission on behalf of the city.
(b) Hearings. Following the filling of an appeal, the City Clerk shall consider the pending City Council agenda requests and shall fix the date, time, and place for the hearing on the appeal. Said hearing shall be held not more than ninety (90) calendar days following the filling of the appeal.
(c) Hearings: Decisions: Voting. Any decision on an appeal to the Council reversing or modifying the decision of the Planning Commission shall require the concurrence of at least a majority of those voting. In the event a motion fails to receive a majority vote, the appeal shall be deemed denied.
(§ 5.1, Ord. 31, and §§ 5.2 and 5.3, Ord. 31, as amended by Ord. 108; as amended by § 1, Ord. 603-NS, eff. December 16, 1976, and 1556-NS, eff. July 1, 2011)