Chapter 21.25 — APPEALS AND CALLS FOR REVIEW

This chapter establishes procedures for the appeal of determinations and decisions rendered by a review authority and for calls for review.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

• 21.25.020 - Review authority.

A.

Planning Commission. The planning commission may call for a review of any determination or policy decision rendered by the development review committee, zoning administrator, or director.

B.

City Council. The city council may call for a review of any decision rendered by the planning commission, development review committee, zoning administrator, or director.

C.

Appeals. Appeals must be filed in the manner prescribed by Section 21.25.030 (Filing and Processing of Appeals). The review authority for appeal of each discretionary planning action shall be as listed in Table 21.08.070-1 (Review Authority) and more generally as listed below:

1.

Zoning Administrator and Director Decisions. Any decision of the zoning administrator or director may be appealed to the development review committee or planning commission (see Table 21.08.070-1 (Review Authority) by applicants or any interested party.

2.

Development Review Committee Decisions. Any decision of the development review committee may be appealed to the planning commission by applicants or any interested party.

3.

Planning Commission Decisions. Any decision of the planning commission may be appealed to the city council by applicants or any interested person.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.25.030 - Filing and processing of appeals.

A.

Eligibility to Appeal. Any interested person or agency may appeal a director, zoning administrator, development review committee, or planning commission decision.

B.

Filing and Processing of Appeals.

1.

Director, Zoning Administrator, or Development Review Committee Decisions. Appeals of director, zoning administrator, or development review committee decisions may be made by interested persons or agencies by filing an appeal application, to be received by the department no later than fifteen calendar days following the decision of the director, zoning administrator, or development review committee being appealed. The application shall specify the person making the appeal, the decision being appealed, and shall state in clear and concise language the reasons for the appeal. The appeal shall be scheduled for public hearing with the planning commission as specified in Chapter 21.26 (Public Hearings and Notice) within thirty days of receipt of the letter of appeal.

2.

Planning Commission Decisions.

a.

Appeals of planning commission decisions made by interested persons or agencies must be made in writing and accompanied by a fee to be established by resolution of the city council, and received by the department no later than fifteen calendar days following the decision of the planning commission being appealed. The written application shall specify the person making the appeal, the decision being appealed, and shall state in clear and concise language the reasons for the appeal.

b.

After the filing of an application for an appeal, the director shall refer the application to the city clerk who will schedule the appeal for city council review and hearing. The appeal shall be scheduled for public hearing with the city council as specified in Chapter 21.26 (Public Hearings and Notice).

C.

Decision.

1.

Planning Commission. Following review and consideration of an appeal, the planning commission shall have the authority to modify, overrule, or sustain the decisions of the development review committee, zoning administrator, and director. The decision of the planning commission shall be final unless either of the following occurs:

a.

The planning commission's decision on the appeal is further appealed to the city council in accordance with Paragraph 21.25.030(C)2.; or

b.

The city council calls the planning commission's decision on the appeal up for city council review in accordance with Subsection 21.25.040(B) (Initiation by City Council Members).

2.

City Council. Following a hearing on an appeal or any planning commission decision called up for city council review, the city council shall have the authority to modify, overrule, or sustain the decisions of the planning commission.

D.

Effect of Decision. The determination and order of the planning commission or, if appeal or call for review is had under the foregoing provisions, the determination and order of the city council, is final and conclusive upon the applicant.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.25.040 - Filing and processing of calls for review.

A.

Initiation by Planning Commissioners. Any planning commissioner may initiate a call for review of a director, zoning administrator, or development review committee's determination or decision filed no later than fifteen calendar days following the determination or decision. Such request shall be made in writing before the effective date of the action.

B.

Initiation by City Council Members. Any city council member may initiate a call for review of a director, zoning administrator, development review committee, or planning commission's determination or decision filed no later than fifteen calendar days following the decision or determination. Such request shall be made in writing before the effective date of the action.

C.

Consideration of Call for Review. The planning commission or city council's call for review shall be scheduled for public hearing as specified in Chapter 21.26 (Public Hearings and Notice) within thirty days of receipt of the call for review.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.26 - PUBLIC HEARINGS AND NOTICE