(A) Purpose. The purpose of these provisions is to prescribe the procedure through which an appeal may be made in case an interested person is dissatisfied with any order, requirement, permit, decision, determination, or disapproval, made in an administration, interpretation, or enforcement of this chapter.
(B) Approval authority. The following table identifies the approving authority for each entitlement:
Entitlement | Approving Authority | |
Community Development Director | Planning Commission | |
Entitlement | Approving Authority | |
Community Development Director | Planning Commission | |
Use permit | X | |
Architecture and site plan review | X | |
Variance | X | |
Home occupation | X | |
Sign permit | X | |
Determination of similar use | X | |
(C) Appeal authority. Any person dissatisfied with a determination or action of the Community Development Director or Planning Commission made pursuant to this chapter may appeal such action to the designated appeal authority listed in the table below, within ten days from the date of the action. Actions by City Council are final, and no further administrative appeals are available.
Approving Authority for Action Being Appealed | Appeal Authority | |
Planning Commission | City Council | |
Community Development Director | X | |
Planning Commission | X | |
(D) Form. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten days from, but not including, the date of the determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the Community Development Director. The time limit will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be subject to the appeal.
(1) Appeal of the Community Development Director decision. The applicant or any other person aggrieved may appeal such decision by filing a written notice with the Community Development Director prior to the time the decision becomes final. The Community Development Director shall furnish forms of notice of appeal.
(2) Appeal of Planning Commission decision. The applicant or any other person aggrieved may appeal such decision by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final.
(E) Public hearing. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 60 days from the date of appeal submittal. Notice of the appeal shall be provided pursuant to noticing requirements consistent with state law.
(F) Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. Only such evidence and plans as were submitted to and ruled upon the approving authority may be provided to the appeal authority for review. The appeal authority may act to confirm, modify, or reverse the action of the approving authority, in whole or in part, or add or amend such conditions as deemed necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this title, may not be further appealed.
(Ord. 2016-003, passed 4-26-16; Am. Ord. 2022-002, passed 4-26-22)