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Ord #178 - Appeal Timing
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Ord #178 - Appeal Timing
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5/23/2017 12:14:50 PM
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2/16/2024 10:25:26 AM
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SECTION 9. Section 78-96 Board established Subsection (a) is hereby amended to read as <br /> follows: <br /> (a) A zoning board of appeals and adjustments is established.The planning commission is <br /> constituted as the board of appeals and adjustments. <br /> ' .The board shall have the following powers: <br /> (1) To hear and decide appeals from any affected person where it is alleged that <br /> there is an error in any order, requirement,decision or determination made by an <br /> administrative officer in the enforcement of this chapter. <br /> (2) To hear requests for variances in accordance with this chapter. <br /> (3) To exercise other functions as provided in this chapter. <br /> SECTION 10. Section 78-99 Appeals procedures is hereby amended to read as follows: <br /> The decisions of the board on requests for variances are advisorv and will automaticallv proceed <br /> to the council for review.The decisions of the board on appeals are bindin�. The applicant or <br /> other person or officers of the citv affected mav appeal a bindin�decision of the board to the <br /> council bv filin�a written notice statin�the action aqqealed from and statinQ the sqecific <br /> �rounds upon which the appeal is made.The notice shall be accompanied bv a fee in the <br /> amount prescribed bv the current citv fee schedule payable to the citv, which fee shall not be <br /> refundable. An aqpeal under this section shall be filed no later than 10 davs followin�the <br /> decision of the board. Failure to file an appeal within 10 davs of the decision shall constitute a <br /> waiver of the qerson's ri�ht to a hearin�. <br /> SECTION li. Section 78-100 Subdivisions is hereby amended to read as follows: <br /> (Purposelv left b/ankl <br /> . . . ' <br /> , <br /> e..�.,.�e...,e.,+„�,.M.,.,*.,.o� <br /> . <br /> I:.,�,�+e.J+..�..�.J�,..�..,�.� ., �F.. .��.....*� .,I�..L.+F.,.�.,1�.e.,��.,..� .�r.,....� <br /> SECTION 12. Section 78-143 Review process Subsection (2) is hereby amended as to read <br /> follows: <br /> (2) Planning and zoning coordinator. The planning and zoning coordinator shall make a <br /> decision on site plans reviews to change the use of a building or parcel of land;to modify <br /> the interior or exterior of a building or site or land feature in any manner that results in a <br /> different site design or intensity of use, including the requirement for additional parking <br /> or to enlarge a building by less than ten percent of its gross floor area.The planning and <br /> zoning coordinator shall have the authority to refer an administrative site plan review to <br /> the city council for decision. <br /> 188958v1 <br /> 3 <br />
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