Sec. 26-193. - Appeal procedure.

(a)

Appeals may be submitted by anyone, must be in writing, must include specific reasons for the appeal, and must be accompanied by the fee set by City Council resolution.

(b)

Decisions of the Community Development Director or their designee or Planning Commission subcommittee for design may be appealed to the Planning Commission. The decision of the Planning Commission on the appeal is final, unless after written request is made to the City Council, the City Council approves the request for appeal to the City Council.

(c)

Decisions of the Planning Commission may be appealed to the City Council, except as provided in subsection (b).

(d)

A timely appeal suspends and sets aside the decision of the lower authority.

(1)

Appeals of the Community Development Director or their designee decisions must be submitted to the planning division no more than ten (10) calendar days after approval of a written decision, unless otherwise provided in this code.

(2)

Appeals of Planning Commission decisions and written requests for an appeal hearing by the City Council must be submitted to the City clerk no more than ten (10) calendar days after adoption of a resolution of approval or denial.

(3)

The appeal period commences on the day after approval of a written decision and ends at the close of the business day on the tenth calendar day, including the day of commencement. If the tenth day falls on a day that the City is closed to for business, the period is extended to until the close of the business day of the next day the City is open for business.

(e)

Once an appeal has been properly and timely filed and notice of the hearing has been mailed or published, the appeal may not be withdrawn without the consent of the body to which the appeal has been made.

(f)

The City Council or Planning Commission, as the case may be, shall conduct a public hearing on the appeal within sixty (60) days from the filing of the appeal or approval of a request for an appeal hearing or as otherwise specified by the City Council or Planning Commission, or agreed upon by the appealing party. Notice of the public hearing shall be given as provided in section 26-187.

(g)

When considering an appeal, the City Council or Planning Commission shall hear the appeal as a de novo hearing. The City Council or Planning Commission may approve, deny or modify the matter appealed.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)