Appeals to the mayor and council may be made from decisions by the development services director on Hillside Development Zone, Scenic Corridor Zone, Environmental Resource Zone and Historic Preservation Zone applications, on certain special exception land uses and such other matters as are designated in this chapter and in the LUC. The mayor and council shall consider the appeal following a public hearing in accordance with this section. The mayor and council may affirm, reverse or modify the decision that is appealed and may establish such conditions as are appropriate to implement the LUC and other pertinent regulations.
(1) Filing of an appeal. Appeals shall be filed with the city clerk with a copy to PDSD within the time provided by the procedure from which the decision is appealed. The filing of an appeal stays the issuance of any permits or development approvals based on the decision and all formal land use action on the development proposal subject to the appeal.
(2) Limitation on contact with the mayor and council. No person shall contact or discuss the merits of any appeal with the members of the mayor and council between the filing of the appeal and the final determination by the mayor and council.
(3) DRB Review. Appeals from decisions on SCZ, ERZ and HPZ applications shall be forwarded to the DRB for review and recommendation if such review and recommendation has not occurred.
(4) STAC Review. Appeals from decisions on ERZ and WASH applications shall be forwarded to the stormwater technical advisory committee (STAC) for review and recommendation if such review and recommendation has not occurred.
(5) City manager's communication. The PDSD director shall forward the appeal, any additional materials provided by the appellant, the recommendations of the applicable advisory body(ies), any materials provided by any other party and the city manager's report and recommendation to the mayor and council no later than five (5) days prior to the scheduled meeting.
(6) Public notice. Public notice of the mayor and council public hearing shall be provided not less than fifteen (15) days and not more than thirty (30) days prior to the hearing. Public notice shall be in accordance with section 23A-50.
(7) Mayor and council public hearing. The mayor and council may hold a study session and shall hold a public hearing on the appeal in accordance with the rules and regulations of the mayor and council. The mayor and council shall reach a decision following the close of the public hearing. The mayor and council may continue the public hearing for up to forty-five (45) days. The public hearing shall not be continued for more than forty-five (45) days without the consent of the property owner of the subject site.
(8) Mayor and council decision. Mayor and council shall decide the appeal based upon the application, testimony, evidence and other materials considered in the prior proceeding, the city managers communication and the testimony and evidence presented in the public hearing. Mayor and council shall consider the provisions, purpose and intent of the plans and regulations that apply to the appeal.
(9) Notice of the decision. The decision by the mayor and council shall be announced and shall be final at the time the decision is made following the public hearing. Written notice of the decision shall be provided within three (3) days of the date of decision to all parties of record.
(10) Issuance of permits and approvals. No permits or development approvals based on the decision shall be issued, or other formal action taken, while the appeal is pending before the mayor and council or before the expiration of the period for reconsideration where no request is filed. If a request for reconsideration is filed, no permits or development approvals based on the decision shall be issued, or other formal action taken until completion of action on the request for reconsideration is announced by the mayor and council.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)