Chapter 17.74

This chapter establishes procedures for the appeal and review of determinations of the Director or Commission. [Source: 17.52.010]

• A. Director Decision. A determination or decision by the Director may be appealed to the Commission. [Source: 17.52.020.A]

• B. Commission Decisions. A decision by the Commission may be appealed to the Council, provided that a member of the Commission shall not be allowed to file an appeal of a decision rendered by the Commission. [Source: 17.52.020.B]

• A. Eligibility. Any action or decision by the Director, Department Staff, or the Commission in the administration or enforcement of the provisions of this Zoning Code may be appealed by any aggrieved person in compliance with this chapter. [Source: 17.52.030.A]

• B. Timing and Form of Appeal. Appeals shall be submitted in writing and filed with the Department or Town Clerk, as applicable, on a Town application form, within ten (10) days after the date of the decision. The appeal shall state the pertinent facts of the case and the basis for the appeal. Appeals addressed to the Commission shall be filed with the Department, while appeals addressed to the Council shall be filed with the Town Clerk. Appeals shall be accompanied by the required filing fee. If the appeal period provided in this chapter ends on a day when the Town offices are closed, the last day to file an appeal shall be the next regular business day for the Town. [Source: 17.52.030.B, modified]

• C. Report and Scheduling of Hearing. When an appeal has been filed, the Director shall prepare a report on the matter, and schedule the matter for consideration by the appropriate review authority identified in Section 17.74.020 (Appeal Subjects and Jurisdiction), above. [Source: 17.52.030.C]

• D. Action. If the matter originally required a public hearing, the Department or Town Clerk, as applicable, shall provide notice of the hearing in compliance with State law and the notice and hearing procedures established in Chapter 17.78 (Public Notices and Hearings).

17-184

(Supp. No. 53)

ZONING CODE

17.76.030

At the hearing, the Review Authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. The Review Authority may: [Source: 17.52.030.D]

1. Affirm, affirm in part, or reverse the action, the determination or decision that is the subject of the appeal; [Source: 17.52.030.D.1]

2. Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal; or [Source: 17.52.030.D.2]

3. Deny the land use permit approved by the previous Review Authority, even though the appellant only requested a modification or elimination of one (1) or more conditions of approval. [Source: 17.52.030.D.3]

• E. If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director or Commission, as applicable, for further consideration. [Source: 17.52.030.E]

A member of the Commission may appeal an action of the Director; and a member of the Council may appeal an action of the Director or Commission. All provisions of this chapter shall apply to an appeal, provided however, no filing fee need be paid and further there shall be no inference of bias attributed to the party undertaking the appeal. [Source: 17.52.040, modified]