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Spirit Lake City Zoning Code

CHAPTER 14

APPEALS

12-14-1: ADMINISTRATIVE APPEALS:

Any person aggrieved by any decision or interpretation of the administrator may within the fourteen (14) days after the date of the administrator's decision file a notice of appeal with the planning and zoning commission specifying the grounds upon which the appeal is being taken. (Ord. 518, 6-10-2008)

12-14-2: STAY OF PROCEEDINGS:

An appeal stays all proceedings in furtherance of the action taken unless such stay would cause imminent peril to life and property as determined by the council. (Ord. 518, 6-10-2008)

12-14-3: ACTION BY COMMISSION:

   A.    The commission shall hold a public hearing on appeals from decisions of the administrator within a reasonable time period following the date the notice of appeal was filed.
   B.    The commission shall publish a copy of the notice of appeal with the time, place and date of the hearing, in a newspaper of general circulation in the city, once at least fifteen (15) days before the date of the public hearing.
   C.    The commission shall, within a reasonable time period following the hearing, issue a written decision affirming, reversing or modifying the administrator's decision. The written decision shall contain the reasons for such decision.
   D.    The commission's decision is final unless appealed to the council. (Ord. 518, 6-10-2008)

12-14-4: ACTION BY COUNCIL:

   A.   Any person aggrieved by any decision of the commission may within seven (7) days of the date of the commission's decision file a notice of appeal with the city council specifying the grounds upon which the appeal is being taken.
   B.    The city council shall hold a public hearing as soon as possible following the filing of the notice of appeal. The council shall publish a copy of the notice of appeal in the same manner as outlined under subsection 12-14-3B of this chapter.
   C.    The council shall, within a reasonable time period following the hearing, issue a written decision affirming, reversing or modifying the administrator's decision. The written decision shall contain the reasons for such decision. (Ord. 518, 6-10-2008)

12-14-5: REQUEST FOR HEARING BY AFFECTED PERSONS:

Any affected person may at any time prior to final action on rezone, conditional use, or variance, if no hearing has been held on the application, petition the commission or council in writing to hold a public hearing as outlined by section 67-6512, Idaho Code; provided, however, that if twenty (20) affected persons petition for a hearing, the hearing shall be held. (Ord. 518, 6-10-2008)