Note: Former Ch. 18.144, Appeals, derived from Prior code §§ 2-5.09—2-5.12 and 2-12.19 and Ord. 1520; Ord. 1586; Ord. 1656; Ord. 2277, was repealed by Ord. 2303, 12/6/2025.
This chapter establishes procedures for appeals and reviews of the Zoning Administrator and Planning Commission.
(Ord. 2303, 12/6/2025)
A. 
Zoning Administrator Decisions. Any decision of the Zoning Administrator may be appealed to the Planning Commission, as applicable.
B. 
Planning Commission Decisions. Any decision of the Planning Commission may be appealed to the City Council, as applicable.
(Ord. 2303, 12/6/2025)
A. 
Eligibility. An appeal in compliance with this chapter may be filed by any aggrieved person.
B. 
Timing and Form of Appeal.
1. 
Timing. An appeal request shall be filed with the Community and Economic Development Department (CEDD) within 10 days of the actual date the decision was rendered.
2. 
Forms. The appeal request shall be submitted in writing to the CEDD and shall include the following information:
a. 
The written request for appeal shall include the pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.
b. 
The appeal shall be accompanied by the application form and filing fee identified in the Master Fee Schedule.
C. 
Report, Scheduling of Hearing, and Decision.
1. 
When an appeal request has been filed, CEDD staff shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing within 50 days by the appropriate review authority, identified in Section 18.144.020, above.
2. 
Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Section 18.12.040.
3. 
The hearing shall be de novo, and the decision-making body may uphold, deny, condition, and/or modify any condition of the application on appeal or review.
4. 
Any interested party may appear and be heard by the review authority.
5. 
Following the final decision of the appeal or Council review request, the city shall provide notice of its final decision to the appellant, applicant (if not the appellant), and to any person who specifically requested notice of the city's final action.
(Ord. 2303, 12/6/2025)
The City Council may elect to review an action of the Planning Commission or Zoning Administrator:
A. 
Within 10 days following such action, if any member of the City Council advises the City Clerk in writing that such member wants a review of the action to be brought before the City Council; or
B. 
If its next regular meeting is within 10 days following such action, at such meeting, a majority of the City Council may vote to review such action, or an individual member of the City Council may state that such individual elects to have the Council review such action.
C. 
Upon any such election for review of an action, a public hearing shall be held by the Council. The hearing shall be set and notice given as prescribed in Chapter 18.12 of this title.
(Ord. 2303, 12/6/2025)
A decision of the Zoning administrator or Planning Commission is final and effective after 5:00 p.m. on the 10th calendar day following the date the decision is rendered, when no appeal or Council review request to the decision has been filed in compliance with this chapter.
(Ord. 2303, 12/6/2025)
No person shall seek judicial review of a city decision on a planning permit or other matter in compliance with the municipal code until all appeals to the Commission and Council have first been exhausted in compliance with this chapter.
(Ord. 2303, 12/6/2025)