MapLink™ | Procedures | Appeal of Final Decision

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Appeal of Final Decision
A. Purpose.
1. To consider appeals by applicants aggrieved by final decisions of City staff or the Planning and Zoning Commission.
B. Applicability.
1. This Section applies to appeals of final decisions by City staff and the Planning and Zoning Commission on applications identified authorized by this Chapter and identified in Section 405.010: Summary Table Of Application Procedures.
2. Applications are subject to the common procedures identified in Article II: Common Procedures unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II: Common Procedures and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C. Procedure.
1. Summary.
2. Application Submission And Handling.
a. The application shall be submitted to the Department of Community Development or Department of Public Works, as applicable, and handled in accordance with Section 405.040: Application Submission And Handling and the following modifications:
(1) Application Content.
(a) The following persons and entities shall have standing to appeal the action of City staff or the decision-making body: the applicant for the original application; the Community Development Director, on behalf of any public official, department or agency; any owner of land that is the subject of the action or proposed action; and any person given the right of appeal by law.
(2) Submittal Deadline.
(a) Appeals shall be filed with the Community Development Director or Public Works Director, as applicable, within fifteen (15) days of when a final decision was made.
(3) Burden Of Proof.
(a) The person or group of persons making the appeal shall have the burden of proving the necessary facts to warrant approval of an appeal by the appropriate appellate body. Such proof shall include applicable specific references within this Code, and shall be provided at the time of application.
3. Staff Review And Action.
a. The Community Development Director or Public Works Director, as applicable, shall review the application and prepare a staff report to the appellate body in accordance with Section 405.050: Staff Review And Action and the following modifications:
(1) Staff review of the appeal shall only confirm that the application is complete and that the appeal is heard by the appropriate authority.
(2) The staff report shall not make a formal recommendation and shall only include the necessary facts to warrant an appeal, which shall be provided by the applicant.
4. Notice And Public Hearings.
a. If a public hearing and notice was required of the original application as indicated in Section 405.010: Summary Table Of Application Procedures, the application shall be scheduled for a public hearing before the appellate body and noticed in accordance with Section 405.060: Notice And Public Hearings and the following modification:
(1) The applicant of the original application shall be provided mailed notice of the appeal in accordance with Section 405.060: Notice And Public Hearings if he/she is not the person filing the appeal.
5. Review And Decision-Making Bodies.
a. Review And Decision. The appellate body shall review the application and act to approve or deny the application in accordance with Section 405.070: Review And Decision-Making Bodies and the criteria listed in Subsection (C)(5)(b). The appellate body may also continue the public hearing to a specific date in accordance with Section 405.070: Review And Decision-Making Bodies.
b. Review Criteria. An appeal of final decision shall be reviewed according to the application-specific review criteria for the original application.
6. Post-Decision Actions And Limitations.
a. The post-decision actions and limitations in Section 405.080: Post-Decision Actions And Limitations shall apply with the following modifications:
(1) Appeal.
(a) An applicant aggrieved or adversely affected by the decision of the Planning and Zoning Commission may appeal the decision to the Board of Aldermen by submitting a new application in accordance with the procedures and requirements of this Section.
(b) A party aggrieved or adversely affected by the decision by the Board of Aldermen or Board of Adjustment may seek review of the decision in the courts in accordance with State law.
(2) Effect Of Approval. The decision of the appellate body shall have the same effect as the original decision.
(3) Expiration Of Approval. The period of validity of an approved appeal of final decision shall not expire.
 
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Summary Table of Application Procedures

Table 405.010, Summary Table of Application Procedures, lists the applications authorized by this Chapter and application-specific requirements from Articles III through VIII for preapplication meetings, public hearing notice, review and decision-making bodies, and expiration of approval. The table also lists cross references to related applications authorized by and subject to requirements of other chapters of the Municipal Code.

In the event of conflict between the application-specific procedures in Articles III through VIII and the requirements summarized in Table 405.010, Summary Table of Application Procedures, the application-specific procedures and requirements in Articles III through VIII shall govern.