Appeals of any nonfinal decisions by the City must comply with the requirements of this Section.
A. Decisions Appealed: Type I decisions by the City Administrator are not appealable to any other decision maker within the City. Type II decisions by the City Administrator may be appealed to the Planning Commission. Type III decisions of the Planning Commission may be appealed to the City Council, which is the final City decision on any matter. Type IV decisions by the Planning Commission are recommendations only and are forwarded automatically to the City Council. Type IV decisions do not become final until acted upon by the City Council.
B. Notice Of Appeal: A notice of appeal of a Type II decision by the City Administrator and any Type III decision by the Planning Commission must be received in writing by the City Administrator within ten (10) calendar days from the date notice of the challenged decision is provided to those entitled to notice.
C. Information Required: The following must be included in a notice of appeal:
1. The City's file number and date the decision to be appealed was rendered. The name, mailing address, and daytime telephone number for each appellant.
2. A statement of how each appellant has an interest in the matter and standing to appeal.
3. A statement of the specific grounds for the appeal.
4. The appropriate appeal fee. Failure to include the appeal fee with the notice of appeal is deemed to be a jurisdictional defect and will result in the automatic rejection of any appeal so filed.
D. Standing To Appeal: The following rules prescribe who has standing to appeal:
1. For Type II decisions, only the applicant and those persons who submitted written comments within the fourteen (14) day comment period have standing to appeal a City Administrator's decision. For persons other than the applicant, grounds for appeal are limited to those issues raised in writing during the fourteen (14) day comment period.
2. For Type III decisions, only the applicant and those who participated either orally or in writing have standing to appeal a Planning Commission decision. For persons other than the applicant, grounds for appeal are limited to those issues raised either orally or in writing before the close of the public record.
E. Notice Of The Appeal Hearing: The City shall issue notice of the appeal hearing to all parties who participated either orally or in writing before the close of the public record. Notice of the appeal hearing shall contain the following information:
1. The file number and date of the decision being appealed.
2. The time, date, and location of the public hearing.
3. The name of the applicant, owner, and appellant (if different).
4. The street address or other easily understood location of the subject property.
5. A description of the permit requested and the applicant's development proposal.
6. A brief summary of the decision being appealed and the grounds for appeal listed in the notice of appeal.
7. A statement that the appeal hearing is confined to the issues raised in the notice of appeal.
8. A general explanation of the requirements for participation and the City's hearing procedures.
F. Appeal Hearing, Scope Of Review: Appeal hearings shall comply with the procedural requirements of Section 10-14-7 of this Chapter. Appeal hearings conducted by the Planning Commission shall be de novo, but the issues under consideration shall be limited to those listed in the notice of appeal. Appeal hearings conducted by the City Council shall be on the record and the issues under consideration shall be limited to those listed in the notice of appeal. (Ord. 688, 6-15-1999)