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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).

Table 23.410-1. APPEAL SUBJECTS AND REVIEW AUTHORITY

ACTION

ORDINANCE SECTION

MAY BE APPEALED BY

IS APPEALED TO

MUST BE FILED WITHIN

Zoning Officer Actions

AUP decisions

23.406.030

Any person

ZAB

20 days of posting Notice of Administrative Decision [1]

Staff-level Design Review

23.406.070

Any person

ZAB

14 days of posting the Notice of Design Review

Zoning Officer Reasonable Accommodation decisions [2]

23.406.090

Applicant

ZAB

14 days of mailing notice of decision

Termination of an AUP for sidewalk cafe seating

23.302.060

Permit holder

City Manager [3]

14 days of mailing of termination notice

Determination of lapsed permit

23.404.080

Permit holder

ZAB

20 days of mailing determination notice

Design Review Committee Actions

Any Design Review action

23.406.070

Any person

ZAB [4]

14 days of Committee action

Zoning Adjustments Board Actions

Use Permit decisions

23.406.040

Any person

City Council

14 days of mailing Notice of Decision

Variance decisions

23.406.050

Any person

City Council

14 days of mailing Notice of Decision

Decisions on an appeal

23.410

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)