An appeal may be taken to the Planning Commission by the applicant or any interested person from the whole or any portion of an administrative determination or decision made by an official of the City pursuant to any of the provisions of this Chapter.

An appeal may be taken to the City Council by the applicant or any interested person from the whole or any portion of a decision made by the Planning Commission pursuant to any of the provisions of this Chapter.

All appeals under this Article shall be made by filing a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council.

(a)

The notice of an appeal to the Planning Commission shall be filed with the Secretary of the Planning Commission.

(b)

The notice of an appeal to the City Council shall be filed with the City Clerk.

(a)

The notice of an appeal to the Planning Commission shall be filed, together with payment of the filing fee, within fifteen days after the date on which the administrative determination or decision is rendered.

(b)

The notice of an appeal to the City Council shall be filed, together with payment of the filing fee, within fifteen days after the date on which the decision by the Planning Commission is rendered.

(Amended by Ord. 71.83 § 6, 1990)

(Amended by Ord. No. 284, § 1(Att. A), 5-18-2011)

(a)

Schedule of hearing; notice. Appeals to the Planning Commission shall be scheduled and noticed according to the terms applicable to appeals to the City Council as set forth in subsections (e) and (f) of Section 2-05.030 except that all references therein to the City Council shall be references to the Planning Commission and all references to the City Clerk shall be references to the Secretary of the Planning Commission.

(b)

Conduct of hearing by Planning Commission. The Planning Commission shall conduct a de novo review on the appeal, but no public hearing shall be required unless the administrative determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the Planning Commission, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal.

(c)

Decision by Planning Commission. The Planning Commission may affirm, reverse or modify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Commission. Where an appeal has been filed pertaining to only a portion of a determination or decision, the Planning Commission shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom.

(Amended by Ord. 259 § 1 (part), 2008)

Editor's note— Ord. No. 383, § 1(Exh. A, § 15), adopted November 17, 2021, repealed § 15-90.065, which pertained to appeal upon initiative of city councilmembers and derived from Ord. 232 § 2 (part), 2004; Ord. 71.83 § 7, 1990.

(a)

Schedule of hearing; notice. Appeals to the City Council shall be scheduled, noticed, and otherwise proceed in accordance with Section 2-05.030 except as specifically provided otherwise in this Code.

(b)

Conduct of hearing by City Council. The City Council shall conduct a de novo review on the appeal, but no public hearing shall be required unless the decision by the Planning Commission was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal.

(c)

Decision by City Council. The City Council may affirm, reverse or modify the decision of the Planning Commission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a decision by the Planning Commission, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom.

(Amended by Ord. 71.83 § 8, 1990)

(Ord. No. 269, § 1(Att. A), 5-6-09)

Any action or proceeding to attack, review, set aside, void or annul a decision of the Planning Commission or City Council made pursuant to any provision of this Chapter, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date of such decision and service of summons shall be effected within ninety days after the date of such decision.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)