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Article 18 — Applications and Procedures, Chapter 18-7 — APPEALS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗8 sections · full chapter

§ 18-7-1

Appeal as a Remedy

Persons may appeal to the Planning and Appeals Board for relief when aggrieved by an action or an interpretation of an administrative official of the City made under this Unified Land Development Code. All such requests for relief shall be taken as an appeal to the Planning and Appeals Board, as provided in this Chapter.

§ 18-7-2

Initiation

(a)Appeals of an administrative decision may be initiated by any person aggrieved by a decision made under this Unified Land Development Code or by an officer or department head of the City. Such appeal shall be initiated within 15 days of the action or decision being appealed by filing with the Director an application for an appeal of an administrative decision. If the person aggrieved by an action within this Unified Land Development Code does not initiate an appeal within 15 days, then the decision of the administrative official shall stand, and no further administrative remedy shall be available under this Ordinance.

(b)Any applicant wishing to submit an appeal of administrative decision must schedule an appointment with the Community and Economic Development Department staff to review the application for completeness. No such application shall be accepted for processing by the Director unless it meets the requirements of this section.

Incomplete or improper applications will be returned to the applicant. The Director is hereby authorized to establish administrative deadlines for the receipt of applications.

§ 18-7-3

Administrative Resolution

The Director of Community and Economic Development will attempt to resolve the issue within 15 days of receipt of the notice of appeal. Unresolved issues will be referred to the Planning and Appeals Board for final action.

§ 18-7-4

Requirements for Submittal

To initiate an appeal, an application must be submitted to the Community and Economic Development Department which shall include the following:

(a)Application form. A completed original application. All applications shall be submitted to the Community and Economic Development Department on the Department’s application forms.

(b)Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the Governing Body. A fee shall not be charged if the Governing Body or the Planning and Appeals Board initiate the application.

(c)Written narrative. A written narrative explaining the request and purpose for the appeal.

The Community and Economic Development Department, in reviewing an application, shall also be authorized to require any supporting information necessary to review an administrative decision on the record necessary to resolve the request for appeal. These may include but are not limited to plat or boundary survey, architectural renderings, or concept plan or as-built surveys. When the appeal application is referred to the Planning and Appeals Board, the applicant shall be required to submit a sufficient number of scaled and reproducible size copies of such supporting documentation as determined by the Director.

§ 18-7-5

Public Notice and Public Hearing

An application for an appeal approval shall comply with the public notice and public hearing process as described in Chapter 18-2 of this ULDC for a rezoning or special use request, with the exception that a decision by the Planning and Appeals Board shall constitute final action.

§ 18-7-6

Stay of Proceedings

The filing of a completed application for an appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from, unless the officer or department head from whom the appeal is made certifies to the Planning and Appeals Board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed unless the applicant for appeal of an administrative decision gains a restraining order which must be granted by a court of competent jurisdiction.

§ 18-7-7

Decision

(a)The Planning and Appeals Board shall make findings and render a decision after the initial public hearing on the appeal application. The Planning and Appeal Board’s Secretary shall notify the applicant, in writing, of its decision within five days after the Board has rendered its decision.

(b)The Planning and Appeals Board may affirm, overrule or modify, in whole or in part, the rulings of an administrative officer’s decision or interpretation pursuant to this ULDC. In cases where an appeal is granted, the Planning and Appeals Board may direct the issuance of land development permits or building permits, not otherwise inconsistent with this ULDC or other ordinance adopted by the Governing Body.

(c)A decision of the Planning and Appeals Board pursuant to this Chapter may be appealed to the Governing Body.

§ 18-7-8

Effect

Approval of an appeal on a property located within the City shall be in full force and effect upon its approval by the Planning and Appeals Board. An appeal approved by the Planning and Appeals Board on a property located within the City shall be effective for that specific request and applicant. Approval of said appeal shall not be transferable.