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A. Purpose. This section provides procedures to be used whenever an applicant or person is aggrieved by a decision by a decision-making body.

B. Applicability. A final decision on any discretionary permit is subject to appeal in accordance with this section. Table 18.140.140, Appeal Bodies and Time Limitations, summarizes the appeal timeline for each body issuing a discretionary permit.

Table 18.140.140 Appeal Bodies and Time Limitations

Application or Action

Appeal Submittal Deadline

Decision-Making Body

Appeal Body

Zoning Permit

10 days

Zoning Administrator

Hearing Officer

Conditional Use Permit

20 days

Planning and Zoning Commission

City Council

Temporary Use Permit

10 days

Zoning Administrator

Hearing Officer

Development Review Permit

Major(1): 20 days

Major(1):

Zoning Administrator

Minor(1):

Zoning Administrator

Major(1):

Hearing Officer

Minor(1):

Hearing Officer

Waiver from Dimensional Standards

10 days

Zoning Administrator

Hearing Officer

Variances

10 days

Hearing Officer

City Council

Permit Revocation

n/a

Original decision-making body

Original decision-making body

Interpretations

10 days

Zoning Administrator

Hearing Officer

Heritage Area Development Review Permit

Major(1): 20 days

Major(1):

Zoning Administrator

Minor(1):

Zoning Administrator

Major(1):

City Council

Minor(1):

Hearing Officer

Final Plat – Residential Subdivision

10 days

City Council

Superior Court

Final Plat – Commercial

10 days

City Council

Superior Court

Preliminary Plat – Residential Subdivision

10 days

Planning and Zoning Commission

City Council

General Plan Text and Map Amendments

30 days

City Council

Superior Court

Zoning Code and Map Amendments

30 days

City Council

Superior Court

Planned Area Development Districts

30 days

City Council

Superior Court

1Refer to MCC 18.155.040 for definition of a minor development review permit and MCC 18.155.050 for definition of a major development review permit.

C. Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this code.

D. Procedures.

1. Proceedings Stayed by Appeal. The timely filing of an appeal may stay all proceedings in the matter appealed including but not limited to the issuance of demolition permits, building permits, and business licenses.

2. Filing of Appeals. All decisions of the director, zoning administrator, hearing officer, and planning and zoning commission may be appealed to the appropriate body as specified in Table 18.140.140 by filing a written appeal not later than 5:00 p.m. on the appeal due date. If the date occurs on a weekend, then the appeal shall be filed on the Monday after the deadline. If the date occurs on a holiday when the city offices are closed, the deadline is the next business day. All appeals must be accompanied by payment of the required fee unless specifically waived.

3. Submittal Requirements and Criteria. The appeal shall set forth, in concise language, the following:

a. Date of appeal;

b. Name of appellant and the individual representing appellant;

c. Address to which notices shall be sent;

d. Telephone number of representative;

e. Name of applicant, if different from appellant;

f. Action or decision being appealed and the date of such action or decision;

g. Address and description of real property involved; and

h. The specific grounds for appeal. The appeal shall be limited to the issue(s) raised in the petition.

4. Public Notice. In addition to providing notice in the same manner required for the action that was the subject of the appeal, notice shall be provided to all persons who spoke on the matter at any prior hearings on the same matter, if such persons provided their names and addresses at the time they spoke at the prior hearing. The names and addresses shall be maintained by the city clerk.

5. Action. The appeal body shall review the appeal, the record, including the application, plans, related project materials that were the subject of the original decision, any additional materials as may be presented at the appeal hearing, and any written correspondence submitted after the appeal has been filed. The appeal body shall conduct a public hearing, after which it may affirm, reverse, or modify the previous decision.

E. Standards of Review. When reviewing any decision on appeal, the same standards and criteria shall apply as were required for the original decision.

F. Failure to File an Appeal. Failure to file an appeal with the appropriate appeal body by 5:00 p.m. on the due date shall preclude the filing of an appeal after the due date and renders any such appeal invalid. [Res. 23-19; Ord. 23-17 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.14; Ord. 14-12 § 1.]