Colfax Municipal Code Ch. 17.44 Appeals

This chapter identifies the procedures for filing and processing an appeal.

(Ord. No. 519, 8-8-2012)

Any person aggrieved by an interpretation or action of the planning director, city manager or planning commission, made pursuant to this article, may appeal such action to the appropriate appeal authority, as shown in Table 17.44, by filing a written appeal with the appropriate fee within ten (10) days from the date of action by the approval authority. All appeals shall be filed with the city clerk's office, except appeals of the planning director's action, which shall be filed at the planning department.

TABLE 17.44

(Ord. No. 519, 8-8-2012)

The planning department shall provide a standard form for the filing of an appeal of the action of the planning director or city manager. The appeal shall be filed within ten (10) days from the date of action and with the planning department with such fees as may be established by the city council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

(Ord. No. 519, 8-8-2012)

The city clerk shall provide a standard form for the filing of an appeal of the action of the planning commission. The appeal shall be filed with the city clerk with such fees as may be established by the city council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

(Ord. No. 519, 8-8-2012)

A timely appeal of an action shall stay the effective date of the action, for that portion of the permit or variance being appealed, until the appeal has been acted upon or withdrawn. If only certain conditions are appealed, the effective date of approval shall remain the date of action by the approval authority.

(Ord. No. 519, 8-8-2012)

There is no hearing required for the appeal of a planning director's decision. Where the decision to be rendered is to be made by either the city manager or planning commission, such decision is appealable. The planning director or the city clerk, as provided above, shall give notice of the appeal authority's public hearing to consider the appeal of the city manager or planning commission decision at least ten (10)) days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type B, Section 17.40.020 of this title. Such hearing shall be held within sixty (60) calendar days from the last day of the appeal period. The appellant shall not be granted a continuance of the appeal beyond the sixty-day period. The costs of an appeal shall be borne by the appellant.

(Ord. No. 519, 8-8-2012)

Each appeal shall be considered to be a de novo hearing on the matter being appealed. The appeal authority may grant the appeal, grant the appeal in part, or deny the appeal. In taking its action on an appeal, the appeal authority shall state the basis for the action being taken on the appeal, and may refer the matter back to the original approval authority for further action. The appeal authority may modify or delete any conditions which have been appealed, or add such conditions as may be necessary to address the issues being appealed, or may modify or delete any other conditions of approval which are necessarily related to those which have been appealed. Any condition which was not appealed, and which has not been modified or deleted upon appeal, shall remain unaffected.

(Ord. No. 519, 8-8-2012)

The council may refer a matter back to the approval authority if the council finds that there is information that was not made available to the approval authority which may have affected the decision. The approval authority shall hold a public hearing on the matter within sixty (60) days following the city council's date of referral.

(Ord. No. 519, 8-8-2012)

The decision of the city council on an appeal is final, except as allowed under the provisions for reconsideration (Section 17.36.190).

(Ord. No. 519, 8-8-2012)