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10-1.1009 Appeals. (a) Any interested party may appeal a decision of the Staff Committee to the Planning Commission by filing a written notice of appeal with the City Cleric within fourteen (14) days of the decision prior to it becoming final under Section 10-1.1008. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any member of the City Council or any two (2) members of the Planning Commission may file such an appeal without payment of a fee. (b) Any interested party may appeal a decision of the Planning Commission to the City Council by filing a written notice of appeal with the City Clerk within twenty-one (21) days of the decision prior to it becoming final under Section 10-1.1008. A nonrefundable filing fee and a deposit for services shall accompany each appeal, except that any Councilmember may file an appeal without payment of a fee. (c) The City Council or Planning Commission, whichever is applicable, shall hold a public hearing, in accordance with the provisions of Section 10-1.1005 to consider the appeal. A public hearing shall be set no later than forty-five (45) days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant. (d) In the event that the appeal deadlines in subsections (a) and (b) of this section occur on a weekend or Town observed holiday, the deadline shall be extended to the next business day at 4:00 pm. 5. Section 10-1.1010 in Article 10 of Chapter 1 of Title 10 (Zoning and Site Development) is hereby amended to read as follows: 10-1.1010 Council review of actions. (a) If the City Council holds a meeting within twenty-one (21) days of the a Planning Commission action, the City Cleric shall note the decision on the meeting agenda and the City Council may discuss the action taken for the sole purpose of eliciting any desired information, following which any member of the Council may appeal the matter to the City Council by noting so on the record. (b) If the City Council does not meet within twenty-one (21) days of a Planning Commission action, the City Clerk shall give written notice of the decision to each Councilmember after receiving the transmittal of the record pursuant to Section 10-1.1006. Included in that notice shall be the date by which a written appeal must be received by the City Cleric in accordance with Section 10- 1.1009. (c) If a Councilmember appeals the matter to the City Council, the Council shall hold a public hearing in accordance with the provisions of Section 10-1.1005. A public hearing shall be set no later than forty-five (45) days after the date of the submission of a written appeal, unless time is waived by the Councilmember or project applicant. 6. Section 10-1.1010(1) in Article 10 of Chapter 1 of Title 10 (Zoning and Site Development) is hereby removed in its entirety. Ordinance 592 Page 3