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ORDINANCE NO. NS-1634 <br />PAGE FOUR <br /> <br />of the decision, together with the written finding of fact, <br />shall be filed with the planning commission, with the department, <br />and mailed to the applicant. <br /> <br /> (1) Within fifteen (15) days from the date of the <br />zoning administrator's decision, the applicant, if the <br />zoning administrator's decision is adverse to the applicant, <br />or any other interested person, may appeal such decision to <br />the planning commission. Such appeal shall be in writing, <br />shall state the reason or reasons why the decision of the <br />zoning administrator is incorrect, and shall be filed with <br />the director of the department upon forms provided by the <br />department. Such appeal shall be accompanied by payment of <br />a fee in an amount to be established by resolution of the <br />city council. <br /> <br /> (m) Upon receipt of an appeal, the director shall <br />present such appeal to the planning commission at its next <br />regular meeting. At such meeting, the planning commission <br />shall set the appeal for public hearing within thirty (30) <br />days from the date of such regular meeting. Not later than <br />ten (10) days prior to the date of said public hearing, the <br />planning commission shall give written notice of the date, <br />time and place of its hearing to all property owners within <br />three hundred (300) feet of the exterior boundaries of the <br />lot or parcel involved, as shown on the latest available tax <br />roll. <br /> <br /> (n) At its public hearing, the planning commission may <br />either affirm, reverse, change or modify the decision of the <br />zoning administrator. The planning commission may continue <br />its public hearing in the same manner as permitted for the <br />zoning administrator pursuant to Subsection (g) of this <br />section. In rendering its decision, the planning commission <br />shall be governed by the criteria set forth in Subsection <br />(h) (1)-(4) of this section. If the planning commission <br />reverses the decision of the zoning administrator, approves <br />the application and grants the permit, the planning commission <br />may impose conditions to such approval in the same manner as <br />granted to the zoning administrator pursuant to Subsection <br />(j) of this section. The decision of the planning commission <br />shall be final with no further right of appeal. The decision <br />of the planning commission shall be filed with the clerk of <br />the council, with the department, and mailed to the applicant. <br /> <br /> (o) The zoning administrator may, after twenty (20) <br />days notice by mail to the applicant and/or record owner or <br />owners of the affected lot or parcel, and after a duly <br />noticed public hearing in accordance with the provisions of <br />Subsection (m) of this section, revoke a permit, on any one <br />or more of the following grounds: <br /> <br /> (i) That the permit was obtained by fraud or <br />misrepresentation. <br /> <br /> (ii) That the permit has been exercised by the <br />person granted the permit, or his representatives, successors, <br />or assigns, contrary to the terms or conditions of approval, <br />or in violation of any statute, ordinance, law, or regulation <br />not excused by the permit. <br /> <br /> (iii) That the permit is being or has been so <br />exercised as to be detrimental to the public health, welfare, <br />or safety or so as to constitute a nuisance. <br /> <br /> (p) The person whose permit has been revoked by the <br />zoning administrator may appeal the decision of the zoning <br /> <br /> <br />