Chapter 17.78 — APPEALS

• A. Any order, requirement, decision, determination, interpretation, or ruling made by the planning commission, architectural review committee, planning director or other city staff regarding the implementation of this title, may be appealed by any interested person.

  1. The matter on which an appeal is based must have been raised at the public hearing.

  2. The participation and basic requirements shall not apply to permits or decisions not involving public notice or a public hearing.

• B. Appeals filed from decisions of the architectural review committee, planning director or other city staff regarding decisions made in the implementation of this title shall be made to the planning commission in writing within ten days after the date of the decision on a form prescribed for that purpose by the city.

  1. The planning director may require reasonable plans, drawings, photos, reductions and/or other information in order to facilitate the processing of the appeal and the conduct of the public hearing.

  2. The filing fee for an appeal shall be as set forth by the city council.

  3. At the scheduled public hearing, the planning commission shall affirm, reverse or modify the decision being appealed. The planning commission may remand the matter for reconsideration and further hearings because of a desire for additional information, or due to the submission of new material or evidence not previously considered.

  4. A final decision of the planning commission may be appealed to the city council by any interested person, provided that person participated in a prior public hearing on the decision. The participation requirement shall not apply to permits or decisions not involving a public hearing.

• C. Appeals filed from decisions of the planning commission regarding decisions made in the implementation of this title shall be made to the Waterford city council in writing within ten days after the date of the decision on a form prescribed for that purpose by the city.

  1. The appeal shall be submitted to the city clerk in writing, and shall be accompanied by the required fee as set forth by the city council.

  2. The city clerk shall place the appeal on the city council agenda within forty-five calendar days of the filing thereof.

  3. The city clerk shall publish notice of the appeal as required by state law and this title and shall provide written notification to the appellant, applicant and owner at least five business days prior to the date set for the hearing.

  4. Unless a continuance has been granted, the city council shall proceed to hear the appeal on the specific issues cited in the appeal request.

  5. Following termination of the public hearing, and within forty-five calendar days thereof, the city council shall by resolution affirm, reverse, or modify the decision of the planning commission. An appeal may be referred back to the planning commission by the city council because of a desire for additional information, or due to the submission of new

material or evidence which the planning commission had not considered in rendering its decision.

6. An appeal may be granted by the city council and referred back to the planning commission for the application of conditions consistent with the decision of the council.

   7. A member of the city council shall have the right to call up for review by the city council any decision or action of the planning commission, city staff or other body within five business days of the decision or action.

• (Ord. 2011-02 §1)

• A. If an application for a zoning amendment, conditional use permit, variance or other permit, license or entitlement of any kind is denied, and the applicant does not file an appeal within the required time period, said application shall not be eligible for re-submittal as a new application for a period of one year after the date of such denial.

• B. If an application for a permit, license or entitlement of any kind is denied "without prejudice," it may be resubmitted as a new application for consideration at any time.

• (Ord. 2011-02 §1)