Chapter 17.220
APPEALS TO THE PLANNING AND ZONING COMMISSION

Sections:

17.220.010    Persons who may appeal.

17.220.020    Commencement of appeal – Stay.

17.220.030    Appeal hearing – Notice, preparation of record.

17.220.040    Appeal hearing.

17.220.050    Decision.

17.220.010 Persons who may appeal.

Applicants subject to the following written decisions of the community development department director may appeal the decision to the commission:

A. The denial of zoning compliance; and

B. The issuance of an order or administrative decision under KIBC 17.210.010(A). [Ord. 90-44 §5, 1991. Formerly §17.90.010].

17.220.020 Commencement of appeal – Stay.

A. A decision of the community development department director is final unless appealed to the commission within 10 working days of receipt of notification of the decision.

B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. [Ord. 90-44 §5, 1991. Formerly §17.90.020].

17.220.030 Appeal hearing – Notice, preparation of record.

A. Upon timely commencement of an appeal, the community development department shall schedule the appeal hearing, mail notice of the appeal, prepare the appeal record and notify the commission of the appeal.

B. For appeals from the community development department director’s decision, notice shall be given, at a minimum, to all adjoining property owners. The notice shall include the appellant’s notice of appeal, describe the decision appealed from, state the date of the appeal hearing and time within which written argument supporting or opposing the appeal may be submitted, and contain the substance of subsection E of this section regarding the availability of the appeal record.

C. The appeal record shall be completed within 10 working days of receipt of the notice of appeal for appeals from the community development department director’s decision. The appeal record shall include the community development department director’s written decision and supporting documentation.

D. Following completion of the record, the community development department shall, by certified mail, serve a copy of the appeal record on the applicant. The community development department shall deliver a copy of the appeal record to the borough staff assigned responsibility for the appeal.

E. A copy of the appeal record shall be available for public inspection at the community development department. Any person may obtain a copy of the record upon payment of the appropriate fee.

F. On appeal to the commission, any person who meets the requirements of KIBC 17.220.010 and 17.225.030 may submit to the community development department director written argument supporting or opposing the appeal. Written argument submitted prior to the appeal hearing shall become part of the appeal record. [Ord. 90-44 §5, 1991. Formerly §17.90.030].

17.220.040 Appeal hearing.

A. On an appeal from the community development department director’s decision, the commission shall hold a public hearing on the appeal at its first regular meeting after the record is prepared.

B. At the hearing before the commission, only persons who have received written notice of the appeal or submitted written comments on the appeal may present oral argument. Oral argument shall be subject to the following order and time limitations, unless the commission, for good cause shown, permits a change in the order or an enlargement of time.

1. Borough staff: 10 minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision.

2. Appellant: 10 minutes.

3. Private person supporting the appeal: 10 minutes each.

4. Private person opposing the appeal: 10 minutes each.

5. Appellant, for rebuttal: 10 minutes.

C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard.

D. The commission shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. [Ord. 90-44 §5, 1991. Formerly §17.90.040].

17.220.050 Decision.

A. The commission shall either affirm or reverse the decision of the community development department director in whole or in part. If the commission fails to approve the reversal of the community development department director’s decision, that decision is affirmed.

B. Every decision of the commission to affirm or reverse an action of the community development department director shall be based upon findings and conclusions adopted by the commission. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision.

C. The commission’s decision affirming or reversing the decision of the community development department director shall be mailed to the parties to the appeal within five working days after the appeal decision and approval of findings of fact. [Ord. 90-44 §5, 1991. Formerly §17.90.050].