Chapter 17.22
APPEALS
Sections:
17.22.030 Effect of filing notice of appeal.
17.22.050 Hearing of an appeal.
17.22.060 Action of the appellate body.
17.22.070 Appeals by the city planner.
17.22.010 Who may appeal.
Any person dissatisfied with a decision or interpretation of the city planner may appeal said decision to the planning commission. Further, any person dissatisfied with a decision or interpretation of the planning commission may appeal said decision to the city council. (Ord. 90-02 §2(part), 1990).
17.22.020 Notice of appeal.
Interpretations or decisions of the city planner or planning commission may be appealed by filing a written notice of appeal with the city clerk. All appeals must be made no later than ten working days after the day on which the decision was made. (Ord. 92-19 §1, 1992: Ord. 90-02 §2(part), 1990).
17.22.030 Effect of filing notice of appeal.
The filing of the notice of appeal shall have the effect of staying the issuance of any permit until such time as the matter on appeal is disposed of. (Ord. 90-02 §2(part), 1990).
17.22.040 Contents of notice.
The notice of appeal shall state the decision being appealed, its identification number, and the identity of the appellant. Further, the appellant shall set forth the reasons for which the decision is unjustified or inappropriate. (Ord. 90-02 §2(part), 1990).
17.22.050 Hearing of an appeal.
Upon receipt of a notice of appeal in proper form, the city planner shall set a hearing date. A public hearing consistent with the requirements of Chapter 17.10 shall be held at appeal hearings of variance permits and conditional use permits, and such other permits that require a public hearing prior to the original action. (Ord. 90-02 §2(part), 1990).
17.22.060 Action of the appellate body.
The appellate body shall review the proceedings held by the city planner or planning commission in which a decision or interpretation was made. The hearings shall be de novo and the appellate body’s decision may affirm or modify the previous decision or interpretation. At the discretion of the appellate body, a hearing may be continued. (Ord. 90-02 §2(part), 1990).
17.22.070 Appeals by the city planner.
The planning director may, at his discretion, appeal decisions of the planning commission to the city council if any of the following occurs:
A. Where the action of the planning commission constitutes new policies for the city;
B. Where actions are contrary to established city council policy;
C. Where actions have significant budget or financial impact for the city;
D. Where actions are not in compliance with state law or in accordance with city zoning, planning or subdivision ordinances. (Ord. 90-02 §2(part), 1990).
17.22.080 Automatic appeals.
If a ballot of the members of the planning commission results in a tie vote, or if the planning commission is unable to take action because of disqualification or abstentions, the city planner shall appeal the matter to the city council for public hearing. Appeals made according to this section shall not be subject to any fees. The hearing before the council pursuant to this section shall be de novo and the council may make any decision it deems just and equitable, including the granting of any permit. (Ord. 90-02 §2(part), 1990).