The Commission shall consider administrative appeals where it is alleged that an error has been made by the Director from the terms of this title..

(Ord. No. 2024-06, § 2, 4-16-2024)

Appeals to the Commission concerning interpretation or administration of this title may be taken by any person aggrieved or by an officer or bureau of the legislative authority affected by any decision of the Director. Such appeal shall be taken within twenty (20) days after the decision of the Director by filing with the Director and with the Commission a notice of appeal specifying the grounds upon which the appeal is being taken. The Director shall transmit to the Commission all the papers constituting the record upon which the action appealed from was taken.

(Ord. No. 2024-06, § 2, 4-16-2024)

An appeal stays all proceedings in furtherance of the action appealed unless the Director from whom the appeal is taken certifies to the Commission after the notice of appeal is filed with them that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Commission, on notice to the Director from whom the appeal is taken on due cause shown.

(Ord. No. 2024-06, § 2, 4-16-2024; Ord. No. 2025-01, § 5, 2-18-2025)

Under no circumstances shall the Commission grant an appeal to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. In granting any appeal, the Commission may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the appeal is granted, shall be deemed a violation of this title.

(Ord. No. 2024-06, § 2, 4-16-2024)

Upon receipt of the application for an appeal, the Commission shall hold a public hearing, publish notice in a newspaper and give written notice to all parties as required for special use permits (KCC § 5-8-806).

(Ord. No. 2024-06, § 2, 4-16-2024)

Within thirty (30) days after the conclusion of the public hearing, the Commission shall either approve, conditionally approve or disapprove the request for appeal.

Upon granting or denying an application, the commission shall specify:

A.

The ordinance and standards used in evaluating the application.

B.

The reasons for approval or denial.

C.

The actions, if any, that the applicant could take to obtain a permit.

(Ord. No. 2024-06, § 2, 4-16-2024)

Within ten (10) days after a decision has been rendered, the Director shall provide the applicant with written notice of the action on the request.

(Ord. No. 2024-06, § 2, 4-16-2024)

Upon receipt of an appeal from the action of the Commission, the Council shall set a hearing date to consider all information, testimony and Commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold or overrule the decision. The Council shall only overrule the Commission by a favorable vote of one-half (½) plus one (1) of the full Council.

(Ord. No. 2024-06, § 2, 4-16-2024)