The purpose of this Chapter is to establish procedures for the appeal of determinations and decisions made by the Zoning Administrator, Architectural Review Commission, and Planning Commission.
(Ord. 978, 11/17/2025)
A. 
Right to Appeal. Any interested person may appeal a decision.
B. 
Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission. A decision of the Zoning Administrator regarding a Temporary Sign Permit or conformance to Master Sign Program may be appealed to the Architectural Review Commission. A decision of the Planning Commission or Architectural Review Commission may be appealed to the City Council.
C. 
Call for Review. Any decision of the Zoning Administrator may be called up for review by any member of the Planning Commission, Architectural Review Commission, or City Council. Any decision of the Planning Commission or Architectural Review Commission may be called up for review by a City Council member.
D. 
Time Limits. An appeal or call for review must be submitted in writing to the Zoning Administrator within 10 calendar days of the mailed notice of decision.
(Ord. 978, 11/17/2025)
A. 
Appeal. An appeal shall be filed with the Zoning Administrator on a form approved by the Planning Division and shall state the specific reasons for the appeal.
B. 
Call for Review. A call for review shall be filed with the Zoning Administrator and shall state the reasons for such review.
C. 
Effective Date. A decision that is appealed or called up for review does not become effective until the appeal or review is resolved.
(Ord. 978, 11/17/2025)
A. 
Hearing Date. An appeal or call for review shall have the public hearing occur before the appellate body within 60 calendar days of the Zoning Administrator's receipt of the appeal or call for review, unless both applicant, appellant and City consent to a later date.
B. 
Notice and Public Hearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of the public hearing shall be given in the manner required for the initial decision and shall comply with Chapter 18.205 (Noticing Requirements).
C. 
Public Hearing. Public hearings for appeals are De Novo, in which new information may be provided and considered by the appellate body when taking action on the appeal. At 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.
D. 
Decision and Notice. After 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.
A decision on appeal or call for review shall be rendered within 30 calendar days of the close of the public hearing. The Zoning Administrator shall mail notice of a Planning Commission or Architectural Review Commission decision. 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 requesting such notice.
E. 
Failure to Act. Failure to act within the time limits established in Subsections A and D of this Section shall be deemed affirmation of the original decision.
(Ord. 978, 11/17/2025)
A decision by the City Council regarding an appeal or call for review becomes final on the date of the decision. A decision by the Planning Commission or Architectural Review Commission regarding an appeal or review becomes final 10 calendar days after the date the notice of decision is mailed, unless appealed to the City Council.
(Ord. 978, 11/17/2025)