Chapter 18.130
APPEALS AND CALLS FOR REVIEW
Sections:
18.130.010 Right to appeal – Call for review – Time limits.
18.130.020 Initiation of appeal or call for review.
18.130.030 Procedures for appeals and calls for review.
18.130.040 Effective date.
18.130.010 Right to appeal – Call for review – Time limits.
A. Appeal. A decision of the zoning administrator may be appealed to the planning commission. A decision of the zoning administrator regarding a temporary sign permit or conformance to master sign program may be appealed to the architectural review commission. A decision of the planning commission or architectural review commission may be appealed to the city council. Any interested person may appeal a decision.
B. Call for review. Any decision of the zoning administrator may be called up for review by a planning commissioner, architectural review commissioner, or city council member. Any decision of the planning commission or architectural review commission may be called up for review by a member of the city council.
C. Time limits. An appeal or call for review must be submitted in writing to the zoning administrator within 10 calendar days of the mailed notice of decision. (Ord. 710 § 35-35.1, 1996; 1991 code § 35-35.1)
18.130.020 Initiation of appeal or call for review.
A. Appeal. An appeal shall be filed with the zoning administrator on a form provided and shall state specific reasons for the appeal.
B. Call for review. A call for review shall be filed with the zoning administrator and shall state the reasons for such review.
C. Effect on decisions. A decision that is appealed or called up for review does not become effective until the appeal or review is resolved. (Ord. 710 § 35-35.2, 1996; 1991 code § 35-35.2)
18.130.030 Procedures for appeals and calls for review.
A. Hearing date. An appeal or call for review shall be scheduled for a hearing before the appellate body within 45 calendar days of the city’s receipt of the appeal or call, unless both applicant and appellant consent to a later date.
B. Notice and public hearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of the public hearing shall be given in the manner required for the initial decision.
C. Plans and materials. At an appeal or review hearing the appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision.
D. Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.
E. Decision and notice. After the hearing, the appellate body shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal.
A decision on appeal or review shall be rendered within 30 calendar days of the close of the hearing. The zoning administrator shall mail notice of a planning commission decision or architectural review commission decision. The city clerk shall mail notice of a city council decision. Such notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice.
F. Failure to act. Failure to act within the time limits prescribed in subsections A and E of this section shall be deemed affirmation of the original decision. (Ord. 846 § 12, 2010; Ord. 710 § 35-35.4, 1996; 1991 code § 35-35.4)
18.130.040 Effective date.
A decision by the city council regarding an appeal or review becomes final on the date of the decision. A decision by the planning commission or architectural review commission regarding an appeal or review becomes final 10 calendar days after the date the notice of decision is mailed, unless appealed to the city council. (Ord. 710 § 35-35.6, 1996; 1991 code § 35-35.6)