§ 36.610

This Division establishes procedures for the Commission’s review of a decision by the Director or the Planning Commission Chair, the Council’s review of a decision by the Cultural Heritage Commission (CHC) or Commission, and appeals by other eligible appellants, in compliance with SPMC 36.610.030 (Who May File an Appeal).

(Ord. No. 2108 § 1; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Request for review. Within the appeal period identified in SPMC 36.610.050(A) (Timing and form of appeal), a member of the Council or Commission may request their respective body to review a decision which may be appealed to that body. A request for review may be initiated by any two members of the review body authorized to review a decision and shall be filed in writing to the office of the City Clerk. The request shall not state that an error has been made or otherwise suggest that the two members seeking review have predetermined the matter to be heard by their review body.

B. No fee required. No fee shall be required if the matter is brought before an appeal body in compliance with subsection (A) of this section.

C. Appealing as a private citizen. Nothing in this section shall prevent a member of the Council or Commission from appealing a matter as a private citizen. However, the member may not appeal a decision of their respective Commission, if that Commissioner participated in that decision.

(Ord. No. 2108 § 1; Ord. No. 2282, § 3, 2015; Ord. No. 2394 § 4 (Exh. A), 2025.)

An appeal may be filed by any person(s) affected by a decision rendered by the Director, CHC, Planning Commission Chair or Commission. However, only a person who is subject to the enforcement action or proposed enforcement action may appeal a determination by the Director regarding whether a code violation exists on that person’s property.

(Ord. No. 2108 § 1; Ord. No. 2282, § 4, 2015; Ord. No. 2394 § 4 (Exh. A), 2025.)

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows:

A. Code administration and interpretation. The following determinations and actions of the Director may be appealed to the Commission and then to the Council:

1. Determinations on the meaning or applicability of the provisions of this Zoning Code that are believed to be in error, and cannot be resolved with staff; and

2. An enforcement action in compliance with Division 36.640 (Enforcement) and SPMC 36.610.030.

B. Zoning approvals and hearing decisions. Decisions by the Director or Planning Commission Chair may be appealed to the Commission. Decisions made originally by the Commission may be appealed to the Council. A Commissioner involved in a Chair Review decision shall not participate in an appeal of said decision.

(Ord. No. 2108 § 1; Ord. No. 2282, § 5, 2015; Ord. No. 2394 § 4 (Exh. A), 2025.)

• A. Timing and form of appeal.

1. An appeal application shall be submitted in writing within 15 calendar days after the date of the decision of the Director, Planning Commission Chair or Commission, as applicable, that is being appealed.

2. An appeal application addressed to the Commission shall be filed with the Department, while an appeal addressed to the Council shall be filed with the City Clerk.

3. An appeal application shall:

a. Specifically identify the grounds upon which the appeal will be taken and summarize the facts and points of law in support of the appeal. Additional facts or points of law may be presented at the hearing;

b. Be accompanied by the information identified in the Department handout for appeal applications; and

c. Be accompanied by the filing fee established by the Council Fee Resolution.

B. Delay of proceedings. The filing of an appeal shall delay (or suspend) the effective date of the Director, Planning Commission Chair or Commission action until the date the decision on appeal becomes final or the appeal is withdrawn.

C. Withdrawal. An appeal may be withdrawn by the appellant before the scheduled public hearing.

• D. Joining an appeal.

1. Only those persons who file an appeal within the specified appeal period shall be considered appellants of the matter under appeal.

2. Any person who wishes to join an appeal shall follow the same procedures for an appellant.

3. A person shall not be allowed to join an appeal after the end of the specified appeal period.

E. Action on appeals. Notice and hearing of an appeal shall be given in the same manner as any hearing required for the action being appealed. If no notice was required, then the appeal body shall give notice as it deems fair and appropriate.

1. Scope of review and decision. When reviewing an appeal the review authority may:

a. Consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal. The reviewing authority shall also consider any environmental determination applicable to the zoning approval or decision being appealed;

b. By resolution, uphold, uphold in part, or reverse the action, the determination, or decision that is the subject of the appeal; or

c. Adopt additional conditions of approval deemed reasonable and necessary.

2. New evidence. If new or different evidence, related only to the subject of the appeal, is presented during the appeal hearing, the Commission or Council may refer the matter back to the Director, Planning Commission Chair or Commission, as applicable, for a report on the new or different evidence before a final decision on the appeal.

3. Findings. The appeal body shall be governed by the same criteria that governed the action being appealed.

4. Time limits. Unless otherwise specified by law, including this Zoning Code, the appeal body shall render its decision on the appeal within 30 days after the closing of the hearing for the appeal.

F. Mailing of resolution. Within five days after a decision on an appeal is rendered, notice of the decision shall be mailed to the person who filed the appeal and to any person who received notice of the action that was appealed.

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A); Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2394 § 4 (Exh. A), 2025.)

Division 36.620. Amendments

Sections:

36.620.010 Purpose of Division.

36.620.020 Applicability.

36.620.030 Initiation of Amendments.

36.620.040 Hearings and Notice.

36.620.050 Commission Action on Amendments.

36.620.060 Council’s Action on Amendments.

36.620.070 Findings and Decision.

36.620.080 Effective Date.