Division 10 — APPEALS

In addition to appeal procedures specifically provided by this chapter, all decisions made in the interpretation of this chapter may be appealed as hereinafter provided, except that no appeal may be made where another remedy is specified by this chapter, or where a decision by a city officer or body is specified by this chapter to be final.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Appeal of an administrative decision. An appeal may be taken from a decision of the community development director or the administrative committee made in the interpretation, administration or

enforcement of this chapter. Decisions of the administrative committee may be appealed to the community development commission and decisions of the community development director may be appealed to the administrative committee. The procedures for the appeal of an administrative decision of the administrative committee or the community development director are illustrated in figure 29-353.1 and figure 29-353.2, respectively, and described below.

(b)

Filing an appeal. Any person or body, public or private, may appeal an administrative decision. An appeal of an administrative decision shall be filed in writing with the community development director within ten (10) days of the date on which the decision being appealed was rendered and accompanied by a written statement setting forth the grounds upon which the appellant asserts that the decision was improper or in error.

(c)

Filing fee. A fee as established by the city council shall be paid for the costs incidental to the appeal of an administrative decision.

(d)

Forwarding of record. Upon the filing of an administrative appeal, the officer or body whose decision is being appealed shall transfer to the appropriate appeals body the subject documents and papers on file pertinent to the decision being appealed, together with a report on the decision being appealed.

(e)

Appeals hearing.

(1)

Time for hearing. The body hearing the appeal shall consider the appeal in a timely manner.

(2)

Notice. Notice of the hearing need not be given except to the appellant and any other persons who have requested in writing to be so notified.

(3)

Appeals body action. The body hearing the appeal may either sustain the original decision of the officer or body being appealed or render such new decision as it considers appropriate. The decision of the body hearing the appeal shall be final.

(4)

Appeals body does not reach a decision. Whenever the appeals body holds a hearing on an appeal from a decision of the community development director or administrative committee and thereafter fails to reach a decision because a motion on the item failed to carry by the required vote, the decision of the director or administrative committee from which the appeal has been taken shall be deemed sustained.

(f)

Appeal of a planning commission decision. Decisions made by the planning commission in carrying out the duties assigned by this chapter may be appealed to the city council, provided, however, that no appeal may be made where the decision of the commission is specified by this chapter to be final. The procedure for the appeal of a planning commission decision is illustrated in figure 29-353.3 and described below:

(1)

Filing an appeal. No person may appeal except the applicant for the granting or modification of a conditional use permit, variance or other entitlement considered by the commission at a public hearing; a city officer or body; and those persons who have protested the conditional use permit, variance or other entitlement either by written protest filed with the commission or community development director prior to the time of the hearing of the matter by said commission, or by appearing in protest at the hearing of the matter by said commission. An appeal shall be filed in writing with the city clerk within ten (10) days of the date on which the commission decision being appealed was rendered and accompanied by a written statement setting forth the grounds upon which the appellant asserts that the decision was improper or in error.

(2)

Filing fee. A fee as established by the city council shall be paid for the costs incidental to the appeal of a planning commission decision.

(3)

City council hearing.

a.

Time for public hearing. The city council shall consider the appeal in a timely manner and at a regularly scheduled meeting.

b.

Notice. Notice of the hearing shall be given as provided by division 2 of this article.

c.

City council action. The city council shall have appellate jurisdiction over decisions of the planning commission. Said council shall conduct a public hearing de novo on the matter being appealed and all interested persons may appear and present evidence. The decision of the city council shall be final and effective when made.

d.

City council does not reach a decision. Whenever the council holds a hearing on an appeal from a decision of the commission and thereafter fails to reach a decision because a motion on the item failed to carry by the required vote, the decision of the commission from which the appeal has been taken shall be deemed sustained.

Figure 29-353.1. Appeal of an Administrative Decision of the Administrative Committee

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Figure 29-353.2. Appeal of an Administrative Decision of the Planning Director

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Figure 29-353.3. Appeal of a Planning Commission Decision

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(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-354—29-357. - Reserved.