§ 27-207. Post-decision proceedings.

(a)

Rehearing. Any person, including any officer, agency or department of the unified government, aggrieved by a final decision by any decision-maker may request a rehearing by that decision-maker. Such request shall be made to the department of urban planning and land use, and must be made within 30 days of the final decision. The rehearing will be granted only if the appellant can show that new evidence exists that was not available at the time of the hearing. The legal department shall make the determination if the evidence is new. The determination shall be made within five working days of the date the appeal was filed.

(b)

Appeal. Any person, including any officer, agency or department of the unified government, aggrieved by a final decision by any decision-maker may request an appeal in accordance with the state statutes.

(c)

Amendments and revisions to approval.

(1)

The director may approve minor revisions to the terms of approval of an application for development. Minor revisions must be authorized in writing by the director or director's designee and are subject to appeal to the planning commission. Minor revisions that may be authorized are limited to those that are necessary in light of technical considerations discovered after the decision on the development application, and which do not substantively change the character of the development approval. In the case of appeal, no further action will be taken to process the application, and/or issued permits will be stayed pending the planning commission's determination.

(2)

If the director determines that a requested revision is not minor, approval of the revision by the original final decision-maker is required in accordance with the procedures established for the original consideration of the application. In making a determination, the director may seek a recommendation of any recommending body involved in the application process of this application.

(Code 1988, § 27-262; Ord. No. O-27-05, § 1, 3-24-2005)