1244.11 APPEALS TO CITY COUNCIL.
(a) The applicant for subdivision approval may appeal the disapproval of any concept, preliminary, or record plan by the Planning Commission by filing a Notice of Appeal with the City Council, with a copy to the Planning Commission, no later than ten (10) business days after the date on which the Planning Commission notifies the applicant that it has disapproved the concept, preliminary, or record plan. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The appeal shall be considered by the City Council, at which time it may affirm or reverse the decision of the Planning Commission. The City Council may reverse the decision of Planning Commission only by a unanimous vote of the members of the City Council present at the meeting. On appeal, the applicant shall be allowed to make a presentation to the City Council under such terms, conditions and procedures as established by the City Council. The City Council shall render a decision affirming or reversing the Planning Commission no later than forty five (45) days after the date on which the notice of appeal is filed. If the City Council reverses the Planning Commission’s decision, the applicant may proceed to submit a preliminary or record plan as is appropriate under the conditions for approval agreed to by the governing body.
(b) All acts by the City Council with regard to the administration of the subdivision regulations are administrative acts and not legislative acts.
(Ord. 04-41. Passed 8-19-04.)