§ 6-229. Appeal by planning commissioner in his or her official capacity.

(a)

A planning commissioner, in his or her official capacity, may appeal a decision of the zoning administrator or design review commission whenever the planning commissioner believes that a decision on an application is of such importance that it should be reviewed by the planning commission. No inference of bias shall be presumed due to an appeal being made.

(b)

The appeal shall be submitted in writing and filed with the planning director within the time provided by Section 6-226. The appeal shall state that the purpose is solely to review the matter before the higher reviewing body. The appeal is exempt from the payment of a filing fee.

(c)

The planning director shall set the matter for hearing before the planning commission and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 6-210 and 6-211.

(d)

The commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations, nor from voting as a member of the planning commission.

(e)

De Novo Hearing. The planning commission shall hear the appeal as it would an original application in the first instance and is not limited to consideration of the issues raised at the zoning administrator or design review commission hearing. The director shall prepare a report on the matter, including all of the application materials in question. The applicant has the burden of proof. The planning commission may act upon the application, either granting it, conditionally granting it or denying it. In addition to considering the testimony and evidence presented at the hearing, the planning commission shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

(f)

Decision. The planning commission may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination that is the subject of the appeal. In the event of a tie vote by the planning commission on the appeal, the decision of the zoning administrator or design review commission shall stand.

(Ord. No. 656, § 1(exh. A), 5-14-2018)