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An appeal by an affected person may be taken to the city council in accordance with subsection 17.09.125B of this chapter. In considering the appeal, the city council shall determine whether the conditions required by section 17.09.620 of this chapter are present, and may approve, deny, deny without prejudice or require such changes in the proposed use or impose such conditions of approval necessary to satisfy the purposes of the zoning ordinance. (Ord. 1844 §12, 1984: Ord. 1691 §1(part), 1982)
Unless a different termination date is prescribed, the variance shall terminate one year from the date of approval, unless actual construction, alteration or commencement of activities has begun under valid permits within such period, or is not pursued diligently to completion. However, such period of time may be extended upon written request filed with the planning commission at any time before the period has expired, for a period not exceeding one additional year. In the event of a violation of any of the provisions of the zoning ordinance or in the event of a failure to comply with any prescribed condition of approval, the planning commission may, after notice and hearing, revoke any variance. Any revocation hearing shall comply with the procedures prescribed in subsection 17.09.615B of this chapter. No reapplication for the same or a similar variance may be made within one year from the date of previous denial, unless such denial was made without prejudice. (Ord. 1691 §1(part), 1982)
VIII. ADMINISTRATIVE APPEAL PROCEDURE
The provisions of this article shall be known as the ADMINISTRATIVE APPEAL PROCEDURE. The purpose of these provisions is to prescribe the procedure by which an appeal may be taken to the city council from an administrative determination or interpretation made by the planning commission, city engineer, or the director of planning, or their designee under the zoning ordinance. This procedure shall apply to all appeals from such determinations and interpretations unless otherwise provided. (Ord. 3127 §26, 2003: Ord. 3098 §9, 2003: Ord. 3064 §20, 2002: Ord. 3025 §26, 2001: Ord. 2934 §65, 1999: Ord. 1691 §1(part), 1982)
An appeal may be taken to the City Council by an aggrieved party, from any administrative determination or interpretation made by the Planning Commission, City Engineer or the Planning Director, or their designees, under the zoning ordinance, except where provided by the zoning ordinance that a decision by the Planning Commission is final. Such written appeal shall be filed with the Planning Director or designee within fifteen (15) days following the date of the Planning Commission decision. The appeal shall state specifically the objections to the decision or abuse of discretion or wherein a decision is not supported by the evidence in the record. The appeal shall be accompanied by such information as may be required to facilitate review, and by the fee as referenced in the fee schedule. (Ord. 3674 §21, 2021: Ord. 3127 §27, 2003: Ord. 3064 §21, 2002: Ord. 3025 §27, 2001: Ord. 2934 §66, 1999: Ord. 1691 §1(part), 1982)
A. Timing And Notice: The city council shall fix the time for consideration thereof and shall hear such appeal between fifteen (15) and forty (40) days after filing. Before ten (10) days prior to the hearing date, written notice shall be given to the appellant and to any known adverse parties, or their representatives, of the time and place of the hearing on the appeal.
B. City Council Action: The city council shall hold a public hearing. In its review of an administrative appeal, the council shall consider the purpose and intent, as well as the language, of the pertinent provisions, and shall affirm with conditions, modify or reverse the determination or interpretation within forty (40) days of the hearing. (Ord. 1691 §1(part), 1982)
IX. ENFORCEMENT PROCEDURES
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