(A) Applicability. Any action by the Planning Commission or Community Development Director in the administration or enforcement of the provisions of the Zoning Ordinance may be appealed in accordance with this section.
(1) Appeals of City Art in Public Places Commission. Decisions of the City Art in Public Places Commission regarding development obligations may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
(2) Appeals of Community Development Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
(3) Appeals of Design Review Board Decisions. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
(4) Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.
(B) Rights of appeal. Appeals may be filed by the applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of the Zoning Code.
(C) Time limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within ten business days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the city is closed, the appeal period shall end at the close of business on the next business day.
(D) Procedures.
(1) Filing.
(a) An appeal shall be filed on a form specified by the Community Development Director and accompanied by the applicable fees. Each appeal shall be accompanied by a filing fee, as established in the municipal fee schedule;
(b) The appeal shall state specifically why a determination or interpretation is not in accordance with the purposes of this Zoning Code, where there was an error or abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record;
(2) Proceedings stayed by appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed, including the issuance of city building permits and business licenses.
(3) Transmission of record. The Community Development Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body on the next available agenda. The Director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body.
(4) Public notice and hearing. Public notice shall be provided pursuant to § 23.24.050, and a public hearing shall be provided pursuant to § 23.24.060. Notice of the hearing shall also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the city a written request for such notice. The matter shall be heard de novo.
(5) Action. An action to grant an appeal shall require a majority vote. A tie vote shall have the effect of rejecting the appeal.
(Ord. 4823, passed 1-22-24)