23.410.020 Appeal Subjects and Jurisdiction.
A. General. City actions made when administering the Zoning Ordinance may be appealed as shown in Table 23.410-1: Appeal Subjects and Review Authority.
B. Code Enforcement Appeals. See Municipal Code Chapter 1.24 (Abatement of Nuisances).
C. Landmarks Preservation Commission Appeals. Decisions by the Landmarks Preservation Commission (LPC) when administering the Zoning Ordinance shall be appealed in accordance with Municipal Code Chapter 3.24 (Landmarks Preservation Commission).
ACTION | ORDINANCE SECTION | MAY BE APPEALED BY | IS APPEALED TO | MUST BE FILED WITHIN |
---|---|---|---|---|
Zoning Officer Actions | ||||
AUP decisions |
Any person |
ZAB |
20 days of posting Notice of Administrative Decision [1] | |
Staff-level Design Review |
Any person |
ZAB |
14 days of posting the Notice of Design Review | |
Zoning Officer Reasonable Accommodation decisions [2] |
Applicant |
ZAB |
14 days of mailing notice of decision | |
Termination of an AUP for sidewalk cafe seating |
Permit holder |
City Manager [3] |
14 days of mailing of termination notice | |
Determination of lapsed permit |
Permit holder |
ZAB |
20 days of mailing determination notice | |
Design Review Committee Actions | ||||
Any Design Review action |
Any person |
ZAB [4] |
14 days of Committee action | |
Zoning Adjustments Board Actions | ||||
Use Permit decisions |
Any person |
City Council |
14 days of mailing Notice of Decision | |
Variance decisions |
Any person |
City Council |
14 days of mailing Notice of Decision | |
Decisions on an appeal |
Any person |
City Council |
14 days of mailing Notice of Decision |
Notes:
[1]The Zoning Officer may extend the appeal period for a longer time.
[2]For reasonable accommodation requests associated with a project requiring a discretionary permit (e.g., Use Permit), the appeal procedures are the same as for the discretionary permit.
[3]The City Manager’s decision is final. No further appeal is allowed.
[4]Determinations of conformity with Downtown Design Guidelines for Streamlined Entitlement Process (Section 23.408.080) is appealed directly to the City Council.
(Ord. 7787-NS § 2 (Exh. A), 2021)