20.84.160 Appeals.
A. Appeal Authority. Any person dissatisfied with an interpretation or action of the approving authority may appeal such action to the appeal authority, as designated in Table 20.84-1. Actions made by the city council are not subject to appeal. For actions not listed in the table, the appeal authority is as follows:
1. The director of community development’s decisions may be appealed to the planning commission.
2. The planning commission’s decisions may be appealed to the city council.
B. Appeal Filing. Appeals shall be filed within 15 days following the date of determination or action for which an appeal is made and shall be accompanied by a filing and processing fee, as determined by resolution of the city council. All appeals shall be in writing, identifying the action being appealed, specifically stating the basis or grounds of the appeal.
C. Effect of Filing. The filing of a notice of appeal pursuant to this chapter stays all proceedings until a decision on the appeal has been made by the decision-making body.
D. Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings shall be conducted within 45 days from the date of the appeal application being complete. Notice of hearing for the appeal shall be provided pursuant to noticing requirements outlined in CMC 20.84.100.
E. Public Hearing Attendance. The person or authorized agent filing the appeal must be present at the public hearing. If the appellant is not present, the appeal authority may deny or continue the appeal.
F. Appeal Actions. Each appeal shall be considered de novo (new), and the appeal authority may reverse, modify, or affirm the decision in whole or in part based on evidence presented at the hearing and applicable staff reports. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action.
G. Effect of Denial without Prejudice. An application that has been denied without prejudice on appeal may be refiled at any time, although the appeal must be accompanied by the standard filing fee.
H. Written Notice of Decision. Following the process, the appeal authority shall provide written notice of the decision to the person filing the appeal and other persons requesting the notice. No person shall seek judicial review of the appeal authority’s decision until all available appeals to the appeal authority have been first exhausted in compliance with this chapter. (Ord. 690 § 4 (Exh. A), 2018).