To avoid results inconsistent with the purposes of this Code, decisions of the Zoning Enforcement Official may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2024-011, 7/15/2024)
Rights of appeal are prescribed in the individual chapters of this Code authorizing each decision that is subject to appeal.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Appeals by Applicants and Interested Parties. Appeals shall be initiated within 15 days of the date of the decision.
B. 
Time Limits. When the appeal period ends on a weekend or holiday, the time limits shall be extended to the next working day.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Filing of Appeals. An appeal shall be filed with the City Clerk on a form provided and shall state specifically the reason for the appeal.
B. 
Effect on Decisions. Decisions that are appealed shall not become effective until the appeal is resolved.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Appeal Hearing Date. An appeal shall be scheduled for a hearing before the appellate body within 60 days of the City's receipt of an appeal, unless both applicant and appellant consent to a later date.
B. 
Notice and Public Hearing. An appeal hearing shall be a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed.
C. 
Plans and Materials. At an appeal or review hearing, the appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision and only the issue(s) raised by the appeal or the call for review. However, applicants may modify plans to respond to issues raised, and such modification shall be considered at the hearing. Compliance with this provision shall be verified prior to, or during, the hearing by the Zoning Enforcement Official.
D. 
Hearing. During the public hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.
E. 
Decision and Notice. After the close of the public hearing, the appellate body shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. The Zoning Enforcement Official shall mail notice of a Planning Commission decision and the City Clerk shall mail notice of a City Council decision. Such notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party upon requesting such notice.
F. 
Failure to Act. Failure of the body receiving the appeal to act within the time limits prescribed in Subsection A above shall be deemed affirmation of the original decision.
(Ord. 2001-015 § 1; Ord. 2014-011 § 2; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)
A decision by the City Council regarding an appeal shall become final on the date of the decision. A decision by the Planning Commission regarding an appeal shall become final on the date of the decision, unless appealed to the City Council.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
Following denial of an appeal, any matter that is the same, or substantially the same, shall not be considered by the same body within two years, unless the denial is made without prejudice.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)