Chapter 17.68
APPEALS

Sections:

17.68.010    Appeals from platting board to planning commission.

17.68.020    Notice of appeal.

17.68.030    Decision on appeal.

17.68.040    Appeal from planning commission.

17.68.010 Appeals from platting board to planning commission.

Except for a final plat and action on a vacation application, any party or interested person who participated in the hearing before the platting board may appeal a decision of the platting board to the planning commission by submitting a written notice of appeal with the platting officer within seven days of the date of the decision. Members of the public may appeal the platting board’s application of this title’s requirements concerning the dedication or realignment of trails. (Ord. 2013-50 § 10, 2013; Ord. 2012-33 § 2, 2012; Ord. 2005-10 § 2, 2005. 2004 Code § 17.80.010.)

17.68.020 Notice of appeal.

A. A notice of appeal submitted pursuant to this title must be in writing and contain the following information:

1. Names and addresses of the appellant(s);

2. Platting serial case file number or other identification of the matter from which the appeal is taken;

3. Date and identity of the specific action or decision from which the appeal is taken;

4. Specific grounds or reasons for the appeal, with reference to all FNSBC Title 17 provisions upon which the appellant relies. Appeals are limited to allegations of error arising from the platting board’s interpretation, application or failure to apply the requirements of this title and unless based on changed circumstances or new evidence which with due diligence could not have been discovered for presentation to the platting board, must be based on facts or arguments raised below.

B. A notice of appeal shall be accompanied by the appropriate fee for appeals from the platting board.

C. This fee is refundable to a successful appellant.

D. An appeal may be accepted by the planning commission only if it complies with the requirements of this chapter.

E. After acceptance of an appeal, notice of the appeal must be sent to all parties and “interested persons” who participated in the hearing before the platting board notifying them of the right to request participation in the appeal on or before the deadline established by the chair or by the rules of the commission. (Ord. 2013-50 § 11, 2013; Ord. 2005-10 § 2, 2005. 2004 Code § 17.80.020.)

17.68.030 Decision on appeal.

The decision of the planning commission on an appeal under this chapter shall be as a resolution expressing specific findings of fact and reasons why the action was taken, including reference specifically to the record upon which any disputed questions of fact have been resolved and provisions of code or statute which support such findings. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.80.040.)

17.68.040 Appeal from planning commission.

Appeals from the planning commission with respect to this title shall be made to the superior court. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.80.050.)