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 title.
(Ord. 19-405 § 1)
The following table identifies the approving authority for each
entitlement.
Entitlement
|
Approving Authority
|
---|
Community Development Director
|
Planning Commission
|
---|
Site plan review
|
|
X
|
Minor site plan review
|
X
|
|
Administrative approval of certain uses
|
X
|
|
Conditional uses
|
|
X
|
Variances
|
|
X
|
Home occupation
|
X
|
|
Master sign program and sign design
|
X
|
|
Architectural design review
|
X
|
|
Determination of similar use
|
X
|
|
(Ord. 19-405 § 1)
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 10 days from the date of the action.
Actions by the 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
|
(Ord. 19-405 § 1)
Unless otherwise agreed upon by the person filing the appeal
and the applicant, appeal hearings should be conducted within 45 days
from the date of appeal submittal. Notice of hearing for the appeal
shall be provided pursuant to noticing requirements consistent with
state law.
(Ord. 19-405 § 1)
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 by 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 it deems necessary.
The action of the appeal authority is final on the date of decision
and, unless expressly provided by this chapter, may not be further
appealed.
(Ord. 19-405 § 1)