A. Purpose. This section establishes procedures for the appeal and review of determinations and decisions.
B. Appeal Subjects and Jurisdiction.
1. A decision on an administrative site plan and architectural review application or historic and cultural preservation application may be appealed to the Planning Commission.
2. A decision on an administrative historic and cultural preservation application may be appealed to the Historic and Cultural Preservation Committee.
3. A decision on an administrative conditional use permit, exception, or variance application may be appealed to the Planning Commission.
4. A decision by the Community Development Director/Zoning Administrator may be appealed to the Planning Commission.
5. A decision by the Planning Commission may be appealed to City Council.
C. Eligibility. The applicant or any other interested party may file an appeal.
D. Timing and Form of Appeal. An appeal shall be submitted in writing and filed with the City Clerk on a City application form within 14 days of the date of the decision. The appeal shall state the pertinent facts, the basis for the appeal, and the relief sought by the appellant. The appeal shall be addressed to the review authority as identified in Section 24.070(B). If no appeal is made within the time limits, the decision shall be final.
E. Report and Scheduling of Hearing. When an appeal has been filed, the Director shall prepare a report on the matter and schedule the matter for a public hearing by the appropriate review authority as identified in Section 24.070(B). The appeal shall be scheduled in a timely manner.
F. Public Notice. Public notice of the hearing shall be provided at least 10 days prior to the hearing by mailing to the applicant and all owners and occupants of property within 500 feet of the boundaries of the site that is the subject of the appeal.
G. Decision. At hearing on an appeal, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. The review authority may:
1. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal;
2. Disapprove the land use permit approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval; and
3. Adopt additional conditions of approval that may address issues or concerns other than the subject of the appeal.
H. City Council Approval. Approval of a land use permit by the City Council shall become effective immediately after it is granted by the Council.