Sec. 30.09. - Appeals procedure.

(a)

Appeal from any action taken by the heritage preservation commission or by the planning commission on recommendation from the heritage preservation commission under the provisions of this article shall be made in writing to the city council within ten calendar days from the date of the action taken by the heritage preservation commission or the planning commission. An action of the heritage preservation commission or the planning commission made pursuant to this article is final eleven calendar days following the date of the action unless a written appeal is filed.

(b)

Appeals may be filed by the applicant or any aggrieved party. Such application for appeal shall be submitted to the planning department at city hall and shall be accompanied by a fee in the amount as established by resolution of the city council.

(c)

Within fifteen calendar days of the filing of any such appeal, the heritage preservation commission and/or planning commission shall forward all documents pertaining to the action to the city council for review. The city council shall hear the appeal within forty-five calendar days of the filing of the appeal.

(d)

The city council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, or make and substitute such other additional decision or determination as it may find warranted under the provisions of this article. The determination of the city council on the appeal shall be final.

(e)

The decision of the city council shall be expressed by a document, a copy of which shall be provided to the petitioner, planning commission, and heritage preservation commission within ten calendar days of the conclusion of the hearing.

(Ord. No. 484, § 2, 3-5-2013)