The applicant for subdivision approval may appeal the disapproval of any sketch, preliminary, or final subdivision plat by the Planning Commission by filing an Application for Appeal with the Building Department, no later than ten (10) days after the date of the public meeting at which the Planning Commission has disapproved the sketch, preliminary, or final subdivision plat. The Application for Appeal shall set forth the basis for the appeal. The appeal shall be considered at the next regularly scheduled or special public meeting of Council. The Council may reverse the decision of the Planning Commission only by a two-thirds vote of the members present at the meeting. On appeal, the applicant shall be permitted to present to the Council the basis for the appeal and be permitted to present evidence which documents that bias. Council shall render a decision affirming or reversing the Planning Commission's decision, no later than forty-five (45) days after the date on which the Application for Appeal is filed. This time period may be extended only with the approval of the applicant for good cause. If a decision is not made by Council in the specified time, the decision of the Planning Commission is deemed to be upheld. If Council reverses the Planning Commission decision, the applicant may proceed under the conditions for approval agreed to by Council.
(Ord. 2004-40. Passed 5-24-04.)