§ 14.28

In the event that an applicant or others affected wish to contest an action made by the planning director, zoning administrator or planning commission relevant to the administration of this title, they may file an appeal as described below.

A.

Administrative Decision. Appeals based on decisions made by the planning director (or the planning director's designated appointee) may be filed by any aggrieved party with the planning commission.

B.

Zoning Administrator Decision. Appeals based on decisions made by the zoning administrator may be filed by any aggrieved party with the planning commission.

C.

Planning Commission. Appeals based on decisions made by the planning commission may be filed by any aggrieved party with the city council.

While an appeal is pending, the establishment of the proposed structure or use is to be held in abeyance.

(Ord. 1625 § 1 (part), 1992).

Right of appeal is prescribed in the individual chapters of this title authorizing each decision that is subject to appeal.

(Ord. 1625 § 1 (part), 1992).

14.28.030 - Filing and time limit of appeals.

An appeal under this title shall be filed in the planning division within five (5) working days of the decision being contested, except that where such an appeal is combined with an appeal of the same decision under Title 15 of this code, the appeal shall be filed within ten (10) calendar days, as provided under Section 15.01.040 of this code. Appeals shall be made in writing and shall set forth the grounds for the appeal. Appeals shall be accompanied by the required filing fee.

(Ord. 1838 § 55, 2005: Ord. 1625 § 1 (part), 1992).

A.

Public Hearing Required. The planning commission or city council, as the case may be, shall hold a public hearing on an appeal. At the public hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant and any other interested party.

B.

Public hearing scheduled. Following the timely filing of an appeal, the appeal shall be scheduled for the next available planning commission or city council meeting, as the case may be, and allowing sufficient time for giving notice pursuant to subsection (C) of this section and state law.

C.

Public hearing notice. Notice of public hearings shall be given in the manner required for the decision being appealed as set forth in Section 14.29.020 of this Code.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1990, div. 6, 3-1-2021)

After the hearing, the appellate body shall affirm, modify or reverse the original decision. Written notice of the decision shall be mailed to the applicant and to the appellant.

(Ord. 1625 § 1 (part), 1992).

No action, inaction or recommendation regarding any proposed development by the planning commission or city council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown.

(Ord. 1625 § 1 (part), 1992).

A.

A decision by the city council regarding an appeal shall become final on the date action was taken by the city council.

B.

A decision by the planning commission regarding an appeal shall become final five (5) working days after the date of the decision, unless appealed to the city council.

(Ord. 1625 § 1 (part), 1992).

Following denial of an appeal, any matter that is substantially the same shall not be considered by the same body within one year, unless the denial is made without prejudice.

(Ord. 1625 § 1 (part), 1992).

Chapter 14.29 - PUBLIC NOTICE