Appeal to city commission

(a)

A petition determination by the city manager shall be final unless a written notice of appeal to the city commission is filed with the director of the department of zoning within 20 days of the date of the written determination by the city manager, together with payment of a $500.00 fee. Such appeal may be filed by the applicant, the petitioner, or by any officer, department, board, commission, or agency of the city. All such appeals to the city commission shall be subject to the disclosure requirements of section 2-618. The above-specified city entities shall not be required to pay said fee. Failure to timely file a request for review of a petition determination shall waive any right to any further review of the petition determination.

(b)

The director of zoning shall then certify such appeals through the office of the city manager.

(c)

Appeals shall be filed on a form provided by the city and accompanied by ten copies of all documents for consideration by the city commission including but not limited to the petition submittal and all accompanying documents, the petition determination and any additional documents, exhibits, technical reports, or other written evidence the appellant wants the city commission to consider. Should the appellant want to submit additional written material after the initial filing of notice of appeal ten complete copies of such material shall be submitted to the director of zoning no later than 30 days prior to the hearing date. If any material is submitted after that date the city commission shall reschedule the hearing to a later date to provide adequate time for review of the material by city staff and the city manager notwithstanding the 90-day period established under subsection (d).

(d)

The city commission on review shall have full power to affirm, reverse, or modify the action of the city manager so long as such commission action is based on applicable law and the provisions of this article. The appeal shall be heard by the city commission not more than 90 days after the appeal is filed by the appellant.

(Ord. No. 12750, § 2, 12-15-05)