Bosque Farms City Zoning Code
§ 10-1-22
Appeals.
A.
Right of appeal.
(1)
Any person aggrieved by an interpretation, decision, or action of the Planning and Zoning Administrator/Officer in carrying out the provisions of this Section 10-1 may appeal such interpretation, decision, or action to the Planning and Zoning Commission.
(2)
Any person aggrieved by an interpretation, decision, or action of the Planning and Zoning Commission in carrying out the provisions of this Section 10-1 may appeal to the governing body. Such appeal shall set forth specifically wherein it is claimed there was an error or an abuse of discretion, or where the interpretation, decision, or action was not supported by evidence in the matter. The appeal to the governing body will be a record review from the Planning and Zoning Commission hearing. The governing body may affirm in part and/or in whole and/or modify in part and/or in whole the decision of the Planning and Zoning Commission and/or remand the matter in part and/or in whole back to the Planning and Zoning Commission.
(3)
If the governing body's decision is adverse to the appellant, the appellant may appeal to the District Court.
B.
Application.
(1)
Any appeal to the Commission following an interpretation, decision, or action of the Planning and Zoning Administrator/Officer shall be made in writing to the Village Clerk/Administrator on prescribed forms and upon payment of an administrative fee.
(2)
An appeal to the governing body following an interpretation, decision, or action of the Commission shall be made in writing to the Village Clerk/Administrator on prescribed forms and upon payment of an administrative fee.
(3)
Any appeal not submitted within 30 days after the interpretation, decision, or action which is the subject of the appeal shall not be considered.
C.
Public hearing. The decision on an appeal shall be made by the Commission or governing body following a public hearing. Notification of the time and place of the public hearing shall be published in a newspaper of general circulation in the area at least 15 days prior to the hearing. The Planning and Zoning Administrator/Officer shall notify the applicant, members of the Commission or governing body, and a representative of the opponents, if any, of the hearing date.
D.
Stay of proceedings. An appeal shall stay all proceedings in the action unless the Village Clerk/Administrator certifies that a stay will cause imminent peril to life or property. Upon such certification, the proceedings shall not be stayed except by order of the District Court.
E.
Decision.
(1)
An appeal shall be decided within three months of the date of application of the appeal.
(2)
A majority vote of the members of the Commission is required to reverse, change or affirm an interpretation, decision, or action made by the Planning and Zoning Administrator/Officer.
(3)
A majority vote of the members of the governing body is required to reverse, change or affirm an interpretation, decision, or action made by the Commission.
(4)
The governing body shall state in writing the final decision and the reasons for its decision, both for the applicant and to enter as a part of the permanent record.
(5)
If the governing body reverses an appeal from the action or decision made by the Commission, the appellant's fee shall be returned.