8.10.040 Appeals.
A. Purpose. This Section establishes procedures for the appeal and review of determinations and decisions of the Director or Commission.
B. Appeal subjects and jurisdiction. A determination or decision by the Director or Department staff may be appealed to the Commission. A decision by the Commission may be appealed to the Council.
C. Filing and processing of appeals.
1. Eligibility. An appeal in compliance with this Section may be filed by any aggrieved person, except that in the case of a decision on a Conditional Use Permit, and/or other Commission decision that followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing.
2. Timing and form of appeal. An appeal shall be submitted in writing and filed with the Department or City Clerk, as applicable, on a City application form, within 10 days of the date of the decision. The appeal shall state the pertinent facts and the basis for the appeal. Appeals addressed to the Commission shall be filed with the Department; appeals addressed to the Council shall be filed with the City Clerk. Appeals shall be accompanied by the required filing fee.
3. Report and scheduling of hearing. When an appeal has been filed, the Director shall prepare a report on the matter, and schedule the matter for a public hearing by the appropriate review authority identified in Subsection B. Public notice of the hearing shall be provided at least 10 days before the hearing by mailing to the appellant, and all owners of property within 300 feet of the boundaries of the site that is the subject of the appeal.
4. Decision. At a hearing on an appeal, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. The review authority may:
a. Affirm, affirm in part, or reverse the action, determination or decision that is the subject of the appeal;
b. Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal;
c. Disapprove the land use permit approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval; and
d. In the case of an appeal of a Commission decision to the Council, the Council may choose to not conduct a hearing on the appeal, based on their review of the report and Commission decision. This action by the Council shall constitute affirmation of the decision being appealed.
If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director or Commission for further consideration.
5. Withdrawal of an appeal of a Commission decision. After filing, an appeal of a Commission decision shall not be withdrawn except with the consent of the Council.