Chapter 17.72 — APPEALS

Sections:

• 17.72.010 Purpose.

• 17.72.020 Appeal subjects and jurisdiction. 17.72.030 Filing of appeals.

• 17.72.040 Processing of appeals.

The purpose of this chapter is to establish procedures for the appeal and review of determinations and decisions of the planning director or planning commission. (Ord. 706 § 3 (Exh. A), 2019).

• A. Director Decision. A determination or decision by the director may be appealed to the planning commission.

• B. Commission Decision. Any decision of the commission may be appealed to the city council. (Ord. 706 § 3 (Exh. A), 2019).

• A. Eligibility. An appeal may be filed by:

  1. Any person affected by an administrative determination or action by the planning director.

  2. In the case of a planning permit and/or hearing decision, by anyone who, in person or through a representative, presented testimony at a hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing or decision.

B. Timing of Appeal. Appeals shall be filed with the planning director on a city application form within ten calendar days after the date of the decision or action being appealed. The appeal shall include the required filing fee and a written statement presenting the pertinent facts of the case and the basis for the appeal.

C. Suspension of Action. Once an appeal of a decision is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable review authority. (Ord. 706 § 3 (Exh. A), 2019).

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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Title 17 Zoning | Wasco Municipal Code

A. Scheduling of Hearing. When an appeal has been filed the planning director shall schedule the matter for a planning commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.

B. Appeal Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.

• C. Notice of Hearing. Notice of the appeal hearing shall be provided in the same manner as the notice given for the original action that is being appealed.

• D. Decision on Appeal. During the appeal hearing the review authority may:

  1. Consider any issue associated with the project for which a decision is being appealed, in addition to the specific grounds for the appeal;

  2. Affirm, affirm in part, modify, or reverse the action, determination or decision that is the subject of the appeal, based on findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal;

3. Adopt additional or different conditions of approval that may address issues or concerns other than the subject of the appeal;

   4. Deny the permit or action approved by the previous review authority, even where the appellant only requested a modification or elimination of one or more project aspects or conditions of approval; or

   5. If new or different evidence is presented on appeal the review authority may refer the matter back to the planning director or planning commission, as applicable, for further consideration.

• E. Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.

F. Effective Date of Appeal Decision. A decision by the planning commission on an appeal is final and effective on the eleventh day after the decision, when no appeal to the decision has been filed with the council. A decision by the city council is effective as of the date of the decision. (Ord. 706 § 3 (Exh. A), 2019).