§ 3.2.2. Appeals from final decisions of the community development director.

A.

Appeals to Planning Commission.

1.

The Community Development Director's final decision on the following applications may be appealed to the Planning Commission:

a.

Site Plans.

b.

Final Subdivision Plats.

c.

Final PUD Development Plans.

d.

Minor Subdivisions.

e.

Certificates of Compliance with Design Guidelines.

2.

Appeals to the Planning Commission shall be filed by a Party of Record within ten (10) days from the date of the Community Development Director's final decision. All appeals shall be filed with the Community Development Director. The Community Development Director shall transmit to the Planning Commission all materials constituting the record of the action upon which the appeal was taken.

3.

The Planning Commission shall hear the appeal within forty-five (45) days from receipt of the appeal application. The Planning Commission shall consider the appeal as a new matter and act to approve, approve with conditions, or deny the application. The requirements for hearings, notices, and Approval Criteria shall be the same as required of the original action by the Community Development Director.

B.

Appeals to the City Council

1.

The Community Development Director's final decision on an application for Written Interpretation or Street Banner permit may be appealed to the City Council. All appeals to the City Council shall be filed by a Party of Record with the City Clerk within ten (10) days from the date of the Community Development Director's final decision. The Community Development Director shall transmit to the City Council all materials constituting the record of the action upon which the appeal was taken.

2.

The City Council shall hear the appeal within forty-five (45) days from receipt of the appeal application. The City Council shall consider the appeal as a new matter and act to approve, approve with conditions, or deny the application. The requirements for hearings, notices, and Approval Criteria shall be the same as required of the original action by the Community Development Director.

C.

Appeals to the Board of Adjustment.

1.

Except as set forth in subsection C.2 below, all appeals where it is alleged there is an error in any final order, requirement, decision, or determination made by the Community Development Director in the administration or enforcement of this Land Development Code shall be taken to the Board of Adjustment pursuant to the Administrative Appeal procedure set forth in § 3.2.4 below.

2.

This provision shall not apply to:

a.

Appeals from the Community Development Director's final decisions on the land development applications listed in § 3.2.2.A above, which are reviewed by the Planning Commission;

b.

Appeals from the Community Development Director's final decisions on applications for Written Interpretations and Street Banner permits, which are reviewed by the City Council as a question of policy according to the procedures of § 3.2.2.B above; or

c.

Appeals from the administration or enforcement of the floodplain regulations (§ 6.13), including appeals from decisions on Floodplain Development Permit applications, which are reviewed by the Hearing Officer pursuant to § 3.2.3 below.

( Ord. No. 4267, §§ 3, 4, 6-6-2011 )