CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

Ordinance No. Page 24 of 25 §18.144.020 Appeal to planning commission or city council. Where this title provides for an appeal of a decision of the zoning administrator, the Bbuilding Iinspector, or the planning commission, the appeal shall be filed within 15 days of the date of the decision being appealed and shall be filed with the secretary city clerkin the case of an appeal of the zoning administrator or the commission and with the city clerk in the case of an appeal to the city council. The appeal shall be made on a form approved by the commission provided by the city clerk and shall state specifically wherein it is claimed there was an error or abuse of discretion by the person or body making the decision or wherein a decision following a public hearing is not supported by the evidence in the recordthe basis for the appeal. §18.144.030 Public hearing on appeal. The body designated by this chapter to hear an appeal shall hold at least one public hearing within 40 days of the date when the appeal was filed. The hearing shall be set and notice given as prescribed in Section 18.12.040 of this title. The hearing shall be de novo, and the decision- making body may uphold, deny, condition or (modify a) condition of the application on appeal. §18.144.040 Action on appeal. Within 40 days following the closing of a public hearing on an appeal, the body hearing the appeal shall render its decision. A decision by the zoning administrator or the planning commission shall become final 15 days after it is made, unless appealed by an interested party or reviewed by the city council,; and a decision by the city council shall be final immediately after it is made. A.Findings. The decision-making body shall hear all evidence presented and shall make findings supporting its decision.If an appealed decision is reversed or modified, the body hearing the appeal shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings required by this chapter as prerequisite to grantingthe application or shall specifically decline to make such findings. §18.144.050 Procedure for Aadministrative appeal procedureto planning commission. An appeal may be made to the planning commission by any interested party of any administrative determination or interpretation made by: (1) the zoning administrator; or (2) the building inspector under this title. A.An appeal shall be made on a form prescribed by the commission community development department and shall be filed with the secretarycity clerk. B. The public hearing on the appeal shall be scheduled as provided in Section 18.144.030, unless the appellant consents to an extension of time. a. If the party that is the subject of the administrative determination or interpretation is different than the appellant, such party must also consent to such extension of time. C. The planning commission’s hearing on the appeal shall be de novo. The planning commission may affirm, condition or modify condition(s), or reverse any administrative determination or interpretation from which appeal is made, and in making its decision shall be guided by the objectives of this title. a.The decision of the planning commission shall be rendered within 30 days after filingthe close of the public hearing on the appeal, unless the applicant shall consent to an extension of time. i. If the party that is the subject of the administrative determination or interpretation is different than the appellant, such party must also consent to such extension of time. b.A decision of the planning commission may be appealed to the city council by the applicant any interested party within 15 days of the date of the decision or, in the Page 34 of 559