(A) 
Purpose.
The purpose of an appeal is to contest the initial decision on an application based upon an alleged error in the utilization of the criteria for approval of the application. An appeal must not be used as a means of amending, varying, or otherwise modifying the standards of this GDC that apply to the application.
(B) 
Applicability.
Unless otherwise provided by this GDC, the appeal of any decision from a regulation(s) imposed by this GDC is to be made to the body designated as the “Appellate Decision-Maker” cited in Table 5-1. In the event of any further appeal, such an appeal is to be made to the City Council unless otherwise provided in State law.
(C) 
Effect.
The decision of an Appellate Decision-Maker supersedes the decision from the previous decision-maker, as provided for in Table 5-1. The appeal may result in approval of the application or petition, conditional approval of the application or petition with modifications, or denial of the application or petition for which appeal was sought. The entity that is cited as “Further Appeal Decision-Maker” in Table 5-1 is the final authority in such decision unless otherwise provided in state law for such applicable decision.
(Ordinance 6773 adopted 5/19/15)
(A) 
Who May Appeal.
The applicant may appeal a final decision on an application to the appellate authority designated by this GDC in Table 5-1. Only appeals expressly stated in Table 5-1 are allowed. If an appeal of a decision is not designated on Table 5-1, then no appeal is provided under this GDC.
(B) 
Form of Appeal.
The appeal must contain a written statement of the reasons why the appeal is being made, and must be accompanied by a copy of the application on which the initial decision was rendered. The appeal must also contain any other documents that are required by the City to clarify what is being appealed, and may also include any other documents that support the position of the appellant.
(C) 
Time for Filing Appeal.
A written appeal must be filed with the responsible official within ten calendar days following the date of the final decision on the application.
Table 5-1: Initial Decision-Makers & Appellate Decision-Makers
Type of Application or Petition
Decision-Maker
Appellate Decision-Maker
Further Appeal Decision-Maker
Text Amendment to Any GDC Provision
Chapter 1, Article 2, Division 3
City Council
–
–
Zoning or Rezoning of Property
Chapter 2, Article 2, Division 1, Section 2.05
City Council
–
–
Planned Development (PD) Zoning of Property
Chapter 2, Article 2, Division 2, Section 2.13
City Council
–
–
Specific Use Provision (SUP) Zoning of Property
Chapter 2, Article 2, Division 3, Section 2.20
City Council
–
–
Zoning Variance
Chapter 2, Article 2, Division 5, Section 2.25
BOA
–
–
Preliminary Plat Approval
Chapter 3, Article 2, Division 2, Section 3.09
Plan Commission
City Council
–
Extension of Preliminary Plat Approval
Chapter 3, Article 2, Division 2, Section 3.12
Plan Commission
City Council
–
Final Plat Approval
Chapter 3, Article 2, Division 3, Section 3.16
Plan Commission
City Council
–
Minor Plat Approval
Chapter 3, Article 2, Division 4, Section 3.24
Planning Director
Plan Commission
City Council
Conveyance Plat Approval
Chapter 3, Article 2, Division 5, Section 3.32
Plan Commission
City Council
–
Replat Approval
Chapter 3, Article 2, Division 7, Section 3.39
Plan Commission
City Council
–
Amending Plat Approval
Chapter 3, Article 2, Division 7, Section 3.40
Planning Director
Plan Commission
City Council
Plat Vacation Approval
Chapter 3, Article 2, Division 7, Section 3.41
Plan Commission
City Council
–
Alley Waiver (4 or fewer lots)
Chapter 3, Article 5, Division 6, Section 3.80
Director of Engineering
Plan Commission
–
Alley Development Variance (5+ lots)
Chapter 3, Article 5, Division 6, Section 3.80
Plan Commission
City Council
–
Sidewalk Development Variance
Chapter 3, Article 5, Division 13, Section 3.93
Plan Commission
City Council
–
Alternative Compliance Request
Chapter 4, Article 1, Division 2, Section 4.07
Planning Director
Plan Commission
City Council –
Parking Deviation
Chapter 4, Article 2, Division 3, Section 4.20(K)
Planning Director
BOA
–
Landscaping or Screening Development Variance
Chapter 4, Article 3, Division 9, Section 4.53
Plan Commission
City Council
–
Sign Variance
Chapter 4, Article 5, Division 6, Section 4.81
Plan Commission
City Council
–
Increased Sign Area (up to 10%)
Chapter 4, Article 5, Division 6, Section 4.81
Planning Director
Plan Commission
City Council
Fence Variance
Chapter 4, Article 8, Division 2, Section 4.109
BOA
–
–
Proportionality Appeal
Chapter 5, Article 1, Division 2, Section 5.07
City Council
–
–
Vested Rights Petition
Chapter 5, Article 1, Division 5
Planning Director
Plan Commission
City Council
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 83, adopted 12/3/19)
(A) 
Responsible Official.
The responsible official for processing an appeal is the person designated by this GDC for originally processing the application at issue in the appeal. For example, if the responsible official for processing a plat application is the Planning Director, then the Planning Director would also be the official who is responsible for processing an appeal to the decision on such application.
(B) 
Appellate Review.
Table 5-1 outlines the chain of appellate review for each type of appealable decision provided in this GDC.
(C) 
Stay of Proceedings.
Receipt of a written appeal of a decision on an application temporarily stays all proceedings of the City in furtherance of the decision from which appeal is taken, including, but not limited to: acceptance, processing, or issuance of any applications that are dependent on the application being appealed, and any development activities authorized by initial approval of the application.
(1) 
The stay is to remain in effect during the pendency of the appeal process, and may be removed only if the responsible official certifies in writing to the appellate authority that the stay would cause imminent peril to life or property.
(2) 
If the stay has been removed pursuant to Subsection (1) above, the stay may be reinstated only by order of the “appellate authority” or a court with jurisdiction, after notice to the responsible official.
(D) 
Consideration.
The responsible official for an appeal shall schedule such appeal for consideration by the appropriate appellate authority provided for in Table 5-1, within thirty calendar days following receipt of the written appeal. The applicable appellate authority shall review the appeal and any supporting documents, allow the appellant an opportunity to present its case, and render a decision on the appeal. If the responsible official for an appeal is also the Appellate Decision-Maker as provided for by Table 5-1, then the Appellate Decision-Maker shall take action on the appeal request within the 30-day period cited above.
(E) 
Hearing and Notice.
For any appeal that requires notification or a public hearing, the notification and procedures followed at the public hearing shall comport with Article 2, Division 2 and Division 3 of Chapter 1 of this GDC.
(F) 
Decision on Appeal.
The appellate authority shall render its decision to affirm, reverse or modify the original application decision from which the appeal was taken.
(G) 
Criteria for Decision.
In deciding the appeal, the appellate authority shall apply the same criteria that govern the initial decision on the application under the provisions of this GDC.
(Ordinance 6773 adopted 5/19/15)