Chapter 19.39 — APPEALS

This Chapter establishes uniform procedures for appeals of final decisions by the Zoning Administrator, Design Review Board, and Planning Commission. The intent of this Chapter is to provide means of granting relief to reduce the potential for litigation and to increase fairness to both property owners and aggrieved members of the public.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Who May File. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Zoning Ordinance.

B.

Appeals to a Court of Law. Unless otherwise specified by Federal or State law, an appeal must be brought and a final decision must be rendered by the hearing body, before the matter may be appealed to a court of law.

(Ord. 2008-2 Div. II (part), 2008.)

Unless otherwise specified in State or Federal law, all appeals must be filed in writing within 10 calendar days from the date of action. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of building permits and business licenses.

B.

Appeals of Zoning Administrator Decisions. A decision of the Zoning Administrator on any application other than design review may be appealed to the Planning Commission by filing a written appeal with the Planning Department. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the fee specified in the City's master fee schedule. Appeals of the Zoning Administrator's design review decisions may be appealed to the Design Review Board, in the same manner as specified above.

C.

Appeals of Design Review Board Decisions. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Zoning Administrator. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the fee specified in the City's master fee schedule.

D.

Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the fee specified in the City's master fee schedule.

E.

Transmission of Record. The Zoning Administrator, or in the case of appeals to the City Council, the City Clerk, shall schedule the appeal for consideration by the authorized hearing body within 30 days of the date the appeal was filed. The Zoning Administrator shall forward the appeal and all other documents that constitute the record to the hearing body. The Zoning Administrator shall also prepare a staff report that carries forward the action of the body being appealed, and responds to the issues raised by the appeal and may include a recommendation for action.

F.

Hearing Body Action. The authorized hearing body shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall take one of the following actions:

Conduct a public hearing; or

Remand the matter to the decision-making body or official to cure a deficiency in the record or the proceedings.

G.

Hearing Body Decision. The hearing body shall render its decision within 30 days of the date the hearing is closed unless State law requires a shorter deadline. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

(Ord. 2008-2 Div. II (part), 2008.)

When reviewing any decision on appeal, the hearing body shall use the same standards for decision-making required for the original decision. The hearing body may adopt the same decision and findings as were originally approved or different ones.

(Ord. 2008-2 Div. II (part), 2008.)