3.18 APPEALS AND RECONSIDERATION PROCESS

The applicant, staff, or any other person withstanding to challenge a decision administering or interpreting this Chapter may appeal the decision as follows: A. ZONING CODE INTERPRETATION AND ADMINISTRATION. All Fountain Green City decisions which interpret or administer this Chapter, may be appealed to the Appeal Authority within 30 days of final action. B. APPEAL AUTHORITY. Appeal of decisions by the Appeal Authority must be filed within 30 days of the final Appeal Authority decision. C. STANDING TO APPEAL. The following persons have standing to appeal a final action: 1. Any person who submitted written comment or testified on a proposal before the Planning Commission; 2. The owner of any property within 300 feet of the boundary of the subject site; 3. Any City official, Board, or Commission having jurisdiction over the matter; and 4. The owner of the subject property. Final copy approved by Fountain Green City Council February 18, 2008. Minor changes 3.6 F and G April 19, 2012. 3.20 Amended October 18, 2012. Amended section 3.15 January 19, 2023. Amended sections 3.2 & 3.15 March 16, 2023. Revise section 3.6 G January 18, 2024. Revise section 3.6 F & G January 16, 2025. Updated & Revised Jan 22, 2026. D. FORM OF APPEALS. Appeals must be filed with the City Recorder and must be by letter or petition, with the name, address, and telephone number of the petitioner; his or her relationship to the project or subject property; and a comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken. E. WRITTEN FINDINGS REQUIRED. The Appeal Authority shall prepare detailed written findings of fact, which explain the circumstances of the Board’s decision and conclusions of law in support of its decision. F. ACTION ON APPEALS TO A CITY BODY. The City shall comply with the following standards for all appeals under this Chapter: 1. The City, in consultation with the appellant, shall set a date for the appeal; 2. The City shall notify the property owner of the appeal date; 3. The Appeal Authority hearing the appeal shall consider the written appeal, final action and all other pertinent information from the appellant and the City. 4. The Appeal Authority hearing the appeal may affirm, reverse, or affirm in part and reverse in part any properly appealed decision or may remand the matter with directions for specific areas of review or clarification. Appellate review is limited to consideration of only those matters raised in the written appeal and the staff’s responses thereto; and 5. The Appeal Authority shall prepare written findings for review and approval within 30 working days of the appellate decision. G. NOTICE. Notice of all appeals shall be given by: 1. By mailing courtesy notice ten days prior to the hearing to the applicant and all parties who requested mailed courtesy notice for the original action. H. STAY OF APPROVAL PENDING REVIEW OF APPEAL. Upon call-up, or appeal, any approval granted by the Planning Commission will be suspended until the reviewing body has taken final action on the appeal. I. APPEAL FROM THE APPEAL AUTHORITY OR CITY COUNCIL. The applicant or any person aggrieved by City action on the project may appeal from the final action of the Appeal Authority or City Council to a court of competent jurisdiction within 30 days of that final action. The decision shall stand, and those affected by the decision may act in reliance on it unless and until a court enters an interlocutory or final order modifying or suspending the decision. Final copy approved by Fountain Green City Council February 18, 2008. Minor changes 3.6 F and G April 19, 2012. 3.20 Amended October 18, 2012. Amended section 3.15 January 19, 2023. Amended sections 3.2 & 3.15 March 16, 2023. Revise section 3.6 G January 18, 2024. Revise section 3.6 F & G January 16, 2025. Updated & Revised Jan 22, 2026. J. FINALITY OF ACTION. Final action occurs when the deciding body has adopted and executed written findings of fact and conclusions of law on the matter in question.