Any person with a vested interest aggrieved by a decision of the Planning Commission in interpreting any section of these zoning regulations may make an appeal to City Council.
A.
Notice of appeal.
(1)
Notice of an appeal to the City Council of a decision of the Planning Commission to approve, conditionally approve, or deny a request shall be filed by the applicant or any other party with legal standing with the Administrative Official within 30 calendar days of the decision together with such appeal fee as may be set by resolution of the City Council. The notice of appeal shall be filed on forms and in a format prescribed by the City. As a minimum, however, the applicant shall provide the following information:
(a)
Summary of any reasons provided by the Planning Commission concerning the decision made in the case.
(b)
Reasons why the applicant of the appeal contends that the Planning Commission erred in its decision.
(c)
Reasons why the applicant of the appeal believes that the public health, safety, welfare, and morals would be better served if the Planning Commission's decision were reversed.
(d)
Any new and pertinent information bearing on the case not previously considered by the Planning Commission that came to light following the meeting at which the Planning Commission made its decision.
(2)
Upon receipt of the notice of appeal and appeal fee, the Administrative Official shall promptly forward the notice of appeal to the City Clerk together with any appropriate staff reports and the decision of the Planning Commission from which the appeal is made.
B.
Public notice.
(1)
Following receipt of the notice of appeal, the City Clerk shall set the matter for consideration on the City Council's next available agenda and give due notice to interested parties of the time and place of the public hearing.
(2)
Notice of such hearing shall be published at least one time and at least 15 calendar days prior to the date of the public hearing in a newspaper of general circulation in the City of Lincoln. The applicant shall be responsible for this publication, bear the cost of such advertising, and provide an affidavit of publication as proof of the notice.
(3)
Notice of such hearing shall be given by conspicuously posting a sign on the property involved by the applicant at least 15 calendar days prior to the hearing.
(a)
Posting of the sign by the prescribed time shall be the responsibility of the applicant.
(b)
The applicant must use the signs provided by the City of Lincoln and shall pay a refundable deposit.
(c)
After the hearing, the sign shall be returned, and a refund of the deposit will be issued for signs in good condition.
C.
Appeal hearing.
(1)
At the time set for the appeal consideration, the City Council shall receive a written report from the Administrative Official setting forth the facts and circumstances of the case and the decision of Planning Commission. The applicant and any other party with legal standing shall have an opportunity to present testimony orally and/or in writing.
(2)
If new information is presented to the City Council that was not presented at the public hearing held before the Planning Commission or otherwise considered by the Planning Commission or public, the City Council shall remand the case back to the Planning Commission for reconsideration. For rezoning requests and conditional use requests, such reconsideration shall require a new public hearing under the provisions of Division 2.3.
(3)
The City Council may affirm, reverse, or modify the decision of the Planning Commission. The City Council shall approve or conditionally approve the application, provided that it finds that the proposal complies with the criteria set forth in the City's Unified Code and applicable requirements unless variances are approved. The decision of the City Council shall be final and shall be effective upon publication of the ordinance in accordance with state law.
D.
Conditions. The City Council may only impose such conditions to its approval as may be necessary to conform to the City's UDC and building regulations.