1. Unless otherwise specified by this UDO, any administratively approved development application, interpretation, or decision of the Planning Director concerning the administration of this UDO, or any decision of the Planning and Zoning Commission or the Historic Preservation Commission may be appealed to City Council. Appeals may be submitted by an affected applicant or by the owner of a property that is adjacent to the property that was the subject of the application. The notice of appeal must be filed with the City Manager within 10 calendar days after the decision, and shall specifically state the Section or the City regulation that has not been applied correctly.

2. If an appeal is filed under Subsection 1 above, the City Council shall schedule a public hearing according to the procedures described in Section 146-5.3.8 (Public Hearings). The City Council shall review the appeal based on the standards and criteria in this UDO and the record of decision and shall act to uphold, modify, or overturn the decision as necessary to bring the decision into compliance with the standards and criteria of this UDO.

3. In the case of an appeal of a decision on a sign permit, the City Council shall decide the appeal within 30 calendar days after receiving the appeal, or as soon thereafter as reasonably possible.

1. A decision of the Planning Director on an Administrative Adjustment concerning an existing single-family dwelling that has received a certificate of occupancy and/or the lot on which it is located may be appealed to the Board of Adjustment and Appeals.

2. A decision by the Planning Director or other administrative official of the City under Chapter 90 may be appealed to the Board of Adjustment and Appeals.

3. The Board of Adjustment and Appeals hereby delegates any authority it may have to hear appeals of a decision by an administrative official of the City regarding the issuance, denial, or conditions on a building permit to the Board of Appeals referenced in Section 22-3 of the City Code. If the Board of Appeals referenced in Section 22-3 ever ceases to exist and is not replaced by another body to hear appeals of decisions regarding building permits, the Board of Adjustment and Appeals may hear such appeals.

4. The Board shall schedule a public hearing according to the procedures described in Section 146-5.3.8. The Board shall review the appeal based on the standards in Section 146-5.4.4.B.3 and shall act to uphold, modify, or overturn the decision as necessary to bring the decision into compliance with the standards and criteria of this UDO.

5. The filing of an application under Subsection B.1 or B.2 above shall stay the action of the administrative official appealed from until the Board of Adjustment and Appeals renders its first decision, except that the action of the administrative official shall not be stayed in cases of imminent hazard to life, limb or public safety or health as provided elsewhere in this UDO.

6. The Board’s decision under Subsection 4 above may not be appealed to City Council, but may be appealed to a court of competent jurisdiction. (Ord. No. 2019-49 § 1, 08-19-2019)