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Last modified
1/3/2012 1:05:24 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-989
Date
11/17/1969
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Section 9250.14. Appeals from Decisions of the Planninq Com- <br /> mission and/or Zoning Administrator on <br /> Conditional Use Permit, Variance and Minor <br /> <br />Exception Applications. <br /> <br />(a) <br /> <br />An appeal from a decision or requirement of the Planning <br />Commission or Zoning Administrator may be made by any <br />interested party, individual or group. <br /> <br />(b) <br /> <br />Any appeal on a Minor Exception shall be made within <br />five (5) calendar days and otherwise in the manner <br />prescribed in paragraph (c) below. <br /> <br />(c) <br /> <br />Any appeal made under the terms of this Part shall be <br />made within ten (10) calendar days following the date <br />of the decision by the Planning Commission or Zoning <br />Administrator. Further, said appeal period shall end <br />at 5:00 P.M. on the tenth calendar day following said <br />date of the decision by the Planning Commission or <br />Zoning Administrator. If said tenth calendar day ends <br />on a Saturday, Sunday or holiday, the~ten (10) day <br />period shall end at 5:00 P.M. on the next regular <br />business day. The formal action by the Zoning Administra- <br />tor or Planning Commission shall become effective on the <br />day following the first regularly scheduled Council <br />meeting after the ten (10) day appeal period, unless <br />the City Council in compliance with Section 9250.12, <br />Section 9250.13 or Section 9250.14 of this Part 5, holds <br />a public hearing on the matter, then the decision of the <br />City Council will become effective on the day following <br />the hearing and decision by the City Council. <br /> (NS-521; 6-19-61) <br /> <br />(d) <br /> <br />Ail appeals shall be in writing and on forms provided by <br />the Planning Department and shall specify wherein there <br />was any error of decision or requirement by the Commission <br />or Zoning Administrator. Furthermore, a copy of said <br />appeal shall be filed with the Planning Department and <br />the Clerk of the Council. <br /> <br />(e) <br /> <br />Upon receipt of said appeal, the Planning Department <br />shall set the matter for hearing by the Council. In the <br />event the matter is an appeal from a ruling by the Zoning <br />Administrator on a Conditional Use Permit or Variance <br />application, the matter shall be heard by the Council <br />following the review of said Zoning Administrator's <br />decision by the Planning Commission as set forth in <br />Section 9250.12 of this Part. <br /> <br />(f) Ail appeals shall be heard in the same manner as prescribed <br /> for the original hearing. <br /> <br />(g) <br /> <br />Upon filing of an appeal, the Planning Department shall <br />forward to the Clerk of the Council a copy of the written <br />findings, maps, papers and exhibits upon which the <br />decision of the Planning Commission and/or Zoning Admin- <br />istrator was based. <br /> <br />(h) <br /> <br />The Council may, after public hearing, affirm, reverse, <br />change, modify the original decision and may make any <br />additional determination it shall consider appropriate <br />within the limitations imposed by this Chapter. Such <br />decision shall be filed with the Clerk of the Council, <br />and the City Planning Department; one copy thereof shall <br />be sent to the applicant.. <br /> <br />Section 9250.15. Council to Make Findinq of Fact. <br /> In granting or denying an appeal, the Council shall make a <br />written finding which shall specify all facts relied upon by said <br />Council in rendering its decision and in attaching conditions and <br /> <br />-6- <br /> <br /> <br />
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