Appeal
Any decision may be appealed to a higher authority by an aggrieved, or potentially aggrieved, party. For projects of the Planning Division, there are procedures for two types of appeals:
| Appeal of Advisory Board Decision | Appeal of Administrative Decision |
|---|---|
Appeal to the City Commission of any decision of the Planning and Zoning Commission, Board of Adjustment, or Renaissance Zone Authority relating to a development project. | Appeal to the City Commission of any decision made administratively by City staff, including interpretations of zoning. |
| Jump to Appeal of Advisory Board | Jump to Appeal of Administrative Decision |
Appeal of Advisory Board
References:
- City Ordinance: Section 14-01-06, Section 14-06-03
- Comprehensive Plan: G10
Consider before you begin:
- Appeals may be made by an applicant or by staff. Other members of the general public do not have standing to appeal. An appeal may be made to a denial or to conditions placed upon an approval. Staff may appeal an approval, as well.
- Appeals must be timely. The deadline for an appeal is 10 days after a Planning Commission decision, or 15 days after a Board of Adjustment decision. The date is the meeting date, not the date of a letter communicating the decision.
- An appellant should clearly state the reasons for the appeal, on the the basis of relevant requirements in the ordinance or comprehensive plan.
Process Steps:
- Board Decision Issued. An advisory board makes a decision in a public meeting.
- Appeal Submitted. An appeal is initiated by an aggrieved party in the form of any written communication clearly stating the disputed decision within 10 (or 15 for Board of Adjustment) days of the meeting. There is no standard format and email is acceptable. The process varies by two types of projects:
- If a City Commission Public Hearing is required (e.g., Zoning Map Amendment, Zoning Text Amendment, and Annexation):
- Appellant Notice. A City Commission meeting date is set for next available and notice is sent to the appellant only.
- Commission Hearing. The City Commission hears the appeal on their regular agenda. Only the appellant or staff may speak at the hearing and no new information may be presented. The City Commission decides whether to call a public hearing or allow the advisory board decision to stand.
- Process Continues. If City Commission calls for a public hearing, the advisory decision is overturned and review process for the development projects continue to the the next step.
- If a City Commission Public Hearing is not required:
- Appellant and Neighbor Notice. A City Commission meeting date is set for next available and notice is sent to the appellant. Neighbor letters are also sent.
- Commission Hearing. The City Commission hears the appeal on their regular agenda. Only the appellant, staff, or anyone who received a neighbor letter may speak at the hearing. New information may be presented. City Commission makes a final decision on the request.
Submittal Requirements
- Written communication of appeal
- Application fee (See fee schedule (pdf))
Apply
An appeal is made during the process of another project. A formal letter indicating a denial action will include a staff contact who can receive an appeal.
Appeal of Administrative Decision
References:
- City Ordinance: Section 14-06-03
- Comprehensive Plan: G10
Consider before you begin:
- Appeals may be made from a denial of a permit, a written zoning interpretation, or any decision designated by the ordinance to City staff.
- Appeals must be timely. The deadline for an appeal is 10 days after the written decision is sent to the appellant.
Process Steps:
- Zoning Determination Issued. Decision is issued in writing by City staff authorized to make an administrative decision.
- Appeal Submitted. An appeal is initiated by an aggrieved party in the form of any written communication clearly stating the disputed decision. There is no standard format and email is acceptable. The process varies by two types of projects:
- Staff Review. Staff prepares a report on the background and ordinance requirements relevant to the decision in dispute.
- Board of Adjustment Hearing. The Board of Adjustment hears the appeal on their regular agenda and either overturns or upholds the administrative decision. An overturn of an administrative decision requires a super-majority vote (e.g. 4 to 1).
Submittal Requirements
- Written communication of appeal
- Application fee (See fee schedule (pdf))
Apply
An appeal is made during the process of another administrative approval. The staff person communicating the interpretation or denial of a permit can receive an appeal.