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Appeals to the following decisions are processed in accordance with the Mayor and Council Appeal procedure:
1. Decision by the Zoning Examiner on a Special Exception Land Use;
2. Decisions on the 400' Notice Procedures; and,
3. Other matters as designated in the .
B. Filing of an Appeal
Appeals must be filed with the City Clerk’s office with a copy to the 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 approvals based on the decision and all formal action on the proposal subject to the appeal.
C. Limitation on Contact with the Mayor and Council
No 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.
D. City Manager’s Communication
The PDSD shall forward to the Mayor and Council the appeal, any additional materials provided by the appellant, the recommendations of the applicable advisory body(ies), any materials provided by any other and the City Manager’s report and recommendation.
E. Public Hearing and Public Notice Required
1. The Mayor and Council may hold a study session and shall hold a public hearing on the appeal in accordance with the rules and standards 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 45 . The public hearing shall not be continued for more than 45 without the consent of the property owner of the subject .
2. Public notice of the public hearing shall be provided not less than 15 and not more than 30 prior to the hearing. Public notice shall be to the applicant, the same parties notified of the initial application and those who provided oral or written comments in the course of the prior procedure. Notice shall be provided in the same manner as for the procedure from which the appeal is filed.
F. Mayor and Council Decision
1. The Mayor and Council shall decide the appeal based upon the application, testimony, evidence and other materials considered in the prior proceeding, the City Manager’s 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 standards that apply to the appeal.
2. 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 and other pertinent standards.
3. The decision by the Mayor and Council shall be announced and is considered a final action for the purposes of the .
G. Issuance of Permits and Approvals
No permits or 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 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.
(Am. Ord. 11732, 2/19/2020)