Appeals from action of the Planning Director shall be made in accordance with Article
XI.
Proposed changes to approved or conditionally approved plans
shall be submitted by the applicant, in writing, to the Planning Director.
The Planning Director shall determine whether the proposed changes
alter the approved or conditionally approved plan by greater than
20% of any site development standards. If the Planning Director determines
that the proposed changes may be approved by the Planning Director
in accordance with authority granted in § 201, the Planning
Director shall approve the proposed changes, in writing, and the development
shall be in accordance with the approved or conditionally approved
plan as changed. If the Planning Director determines that the proposed
changes may not be approved by the Planning Director in accordance
with the authority granted in § 201 or are not in substantial
compliance with this chapter or other ordinances, resolutions or regulations,
the request for changes shall be treated in all respects as a new
request and shall be resubmitted to the Planning Commission for review
and final action.
When an application for a site plan, variance, special use permit
or any other matter pertaining to the use of land or zoning is acted
upon by the decisionmaking authority, written notification of the
final action listing any conditions imposed, if the action was approved,
shall be sent to the applicant and to the City Manager, with a copy
retained in the City of Española Planning Department. The action
taken shall be final and conclusive unless, within 15 days of the
effective date of the final action, an aggrieved party files an appeal
as provided in this chapter. After the expiration of the fifteen-day
appeal period with no appeal filed, or after approval or conditional
approval or affirmation of approval or conditional approval on appeal,
the Planning Director shall issue the certificate of approval, if
appropriate, listing conditions that may have been imposed. The applicant
or agent shall file and record the certificate of approval in the
office of the City Clerk before proceeding with the development or
use approved. No building permit, license or occupancy permit may
be issued for the development or use approved before the expiration
of the appeal period and the filing of the certificate of approval.