§ 5.30

Appeals provide an opportunity for the reconsideration of land use decisions in a public hearing. Appeals may be filed by anyone dissatisfied with a discretionary land use decision.

An appeal application accompanied by the applicable fee must be filed prior to the close of business on the 15th calendar day after the decision of the granting authority. The application shall clearly identify the

appellant(s) and all grounds for the appeal.

Each appeal application submitted shall require a separate application and fee.

An administrative appeal is an appeal filed by the Planning Director within 20 calendar days after any decision of the Planning Commission. The Planning Director shall attempt to notify the Planning Commissioners prior to such an appeal. There is no fee for an administrative appeal.

Regardless of the basis for appeal, the appeal authority's scope of review is de novo, and it may consider the entire scope of the application under consideration, including the proceedings and conclusions of the original decision-maker. All maps, records, papers and files concerning the application which constitute the record in the action being appealed shall be transmitted to the appeal authority.

Appeal authorities for the various types of land use permits are indicated in Table 5.10-1. The appeal authority may approve, conditionally approve, or deny the application which is the subject of the appeal. Decisions regarding appeals remain subject to all applicable findings for the permit or use in question.

An appellant may request that an appeal application be withdrawn by submitting a written statement to the Planning Office prior to the scheduled hearing date. If more than one appellant joined in a single appeal application, the application will not be considered withdrawn unless all appellants on the particular application consent to the withdrawal.

A withdrawal of an appeal does not entitle the withdrawing appellant to a refund of the appeal fee.

CHAPTER 5.40. - ARCHITECTURE AND SITE APPROVAL