The purpose of an appeal procedure is to provide recourse in the event that the appellant is dissatisfied with any decision made by an administrative officer or the planning commission in the administration or enforcement of this title. A decision refers to any order, requirement, permit, determination, interpretation or ruling pertaining to this title.

(Ord. 1567, 3-29-2016, eff. 4-21-2016)

Any decision made by an administrative officer or the planning commission in the administration or enforcement of the provisions of this title may be appealed therefrom by the appellant. The taking of an appeal stays proceedings in the matter appealed from until the determination of the appeal.

A.

An appeal shall be made to the city council in accordance with the provisions of Nevada Revised Statutes 278.3195 and this chapter.

B.

As per Nevada Revised Statutes 278.3195.1, an appeal may only be filed by a person who appeared, either in person, through an authorized representative or in writing, before an administrative officer or the planning commission regarding the matter being appealed.

C.

An appeal is not permitted for the purpose of avoiding or circumventing any application procedures required by this title.

(Ord. 1567, 3-29-2016, eff. 4-21-2016)

A.

Notice of appeal shall be in writing and shall be filed in the office of the city clerk upon forms provided. An appeal from any decision by an administrative officer or the planning commission in the administration or enforcement of the provisions of this title must set forth specifically the reasons for which the appellant claims the decision is erroneous.

B.

If more than one appeal is filed on the same subject matter, the city clerk may consolidate said appeals.

(Ord. 1567, 3-29-2016, eff. 4-21-2016)

An appeal must be filed within seven (7) calendar days after the date of the decision.

(Ord. 1567, 3-29-2016, eff. 4-21-2016)

Upon receipt of the notice of appeal, the city clerk shall set the matter for hearing. Such hearings shall be set for the next regular meeting of the city council, or within forty five (45) days of the filing of the appeal, based on established deadlines for setting council agenda items. Noticing requirements shall be the same as for the original application, if notices were required.

(Ord. 1567, 3-29-2016, eff. 4-21-2016)

A.

Upon hearing an appeal, the city council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part the decision appealed from, or make and substitute such other or additional decisions as it may find warranted under the provisions of this title.

B.

In reviewing the decision being appealed, the city council shall consider the health, safety, morals, or the general welfare of the community, as per Nevada Revised Statutes 278.3195.2(f) and 278.020.

C.

The city council may not grant an appellant more than two (2) continuances on the matter being appealed, unless the city council determines, upon good cause shown, that the granting of additional continuances is warranted.

D.

Not later than five (5) calendar days after final action on such appeal by the city council, notice of the decision shall be mailed to the appellant and recorded in the files of the city council. The decision of the city council on such matters shall be final.

(Ord. 1567, 3-29-2016, eff. 4-21-2016)