Any administrative determination or interpretation made by the planning director under this title may be appealed to the planning commission by the applicant or any other interested party. Any administrative determination or interpretation made by the planning director under this title may be called up for planning commission review by any member of the planning commission or by any member of the town council. Neither the planning commission, as a body, nor the town council, as a body, may call a matter up for review.

(Ord. 813 § 1, 1997: Ord. 785 § 3(b) (part), 1994)

Any decision of the zoning administrator may be appealed to the planning commission by the applicant or any other interested party. Any decision of the zoning administrator may be called up for planning commission review by any member of the planning commission or by any member of the town council. Neither the planning commission, as a body, nor the town council, as a body, may call a matter up for review.

(Ord. 813 § 2, 1997: Ord. 785 § 3(b) (part), 1994)

Any decision of the planning commission may be appealed to the town council by the applicant or any other interested party. Any decision of the planning commission may be called up for town council review by any member of the town council. The town council, as a body, may not call a matter up for town council review.

(Ord. 813 § 3, 1997: Ord. 785 § 3(b) (part), 1994)

(a)

Except as otherwise expressly provided in this title or in rules of procedure which may be adopted by the planning commission or town council, formal rules of evidence or procedure shall not apply to hearings conducted pursuant to this title.

(b)

There shall be no presumption that error is prejudicial or that injury was done if error is shown.

(Ord. 785 § 3(b) (part), 1994)

(a)

Any appeal permitted under this title shall be filed with the planning department within ten calendar days of the date that notice of the determination or interpretation by the planning director was mailed, or within ten calendar days of the date that the decision of the zoning administrator was made, or within ten calendar days of the date the decision of the planning commission was made, whichever is applicable.

(b)

The notice of appeal shall specifically state the reasons upon which the appeal is based, including but not limited to:

(1)

Whether the determination, decision or interpretation is in accordance with this title;

(2)

Whether the determination, decision or interpretation was in error or constituted an abuse of discretion; and/or

(3)

Whether the determination, decision or interpretation was not supported by the record or the facts presented to the decision maker or decision making body.

(c)

The appeal shall be accompanied by the required fee.

(d)

Any "call up for review" permitted under this title shall be in writing and filed with the planning department within ten calendar days of the date that notice was mailed, within ten calendar days of the date that the decision of the zoning administrator was made, or within ten calendar days of the date that the decision of the planning commission was made, whichever is applicable.

(e)

The notice of review referred to above shall state one of the three possible grounds for review: (1) the planning commissioner or town councilmember believes the administrative determination or interpretation made by the planning director should be reviewed by the planning commission; (2) the planning commissioner or town councilmember believes the decision by the zoning administrator should be reviewed by the planning commission; or (3) the town councilmember believes the decision of the planning commission should be reviewed by the town council. No other possible grounds or reasons for the review shall be stated. No fee shall be required in connection with the filing of the notice of review.

(f)

If an individual town councilmember calls up for planning commission review a decision of the planning director, pursuant to Section 18.34.010 of this section, or a decision of the zoning administrator, pursuant to Section 18.34.020 of this section, the notice of review shall state whether the planning commission's decision shall automatically proceed to the town council for review after review by the planning commission.

(g)

Once an appeal or a "call up for review" has been timely made, pursuant to the provisions of this title, withdrawal of the appeal or the "call up for review" by the appellant or person effecting the "call up for review" shall not divest the town council of jurisdiction to consider and act upon the appeal or the "call up for review" as though no withdrawal had taken place, if the town council determines that the public interest would be best served to hear the matter.

(Ord. 813 § 4, 1997: Ord. 785 § 3(b) (part), 1994)

(a)

Following the filing of an appeal or notice of review permitted under this title, the planning director shall schedule the appeal or review for the next available meeting of the planning commission or town council, whichever is appropriate; provided, however, that said "next available meeting" shall be that meeting which next follows the passage of time, notice of which is required to be given under state and/or town law. The planning director shall transmit to the planning commission or town council a copy of the appeal or review, and copies of all applicable maps and documents, including minutes of public hearings, statements of findings, and of decisions made and of reports which may have been prepared by the planning director, zoning administrator and/or planning commission, setting forth their views of the facts and circumstances of the case.

(b)

The planning director shall give notice to the applicant and to the appellant, if the applicant is not the appellant, to the person filing the notice of review, and may give notice to other interested parties, of the time when the appeal or review will be considered by the planning commission or town council.

(Ord. 785 § 3(b) (part), 1994)

On an appeal from, or review of, an administrative decision or interpretation made by the zoning administrator, or on an appeal from, or review of, a decision of the zoning administrator, the planning commission shall consider the matter at a meeting on the prescribed date, and may affirm, reverse or modify the decision of the planning director or zoning administrator, whichever is appropriate; provided, that if a decision denying a variance, design review or sign is modified, the planning commission, on the basis of the record submitted by the planning director and such additional evidence as may have been submitted or presented at the hearing, shall make the findings prerequisite to: (a) the granting of a variance prescribed in Chapter 18.28, Variances; or (b) design review, site plan or sign approval prescribed in Chapter 18.30, Design Review. If a member of the planning commission has called up a decision to be reviewed, that member shall have full participation rights in the hearing, unless actual bias or prejudice is otherwise shown.

(Ord. 813 § 5, 1997: Ord. 785 § 3(b) (part), 1994)

On an appeal from a decision of the planning commission, or when the decision has been called up for review, the town council shall hold a public hearing on the matter on the prescribed date. The town council may affirm, reverse or modify the decision of the planning commission; provided, that if a decision denying a use permit, variance, design review, sign or preliminary development plan is reversed, or a decision granting a use permit, variance, design review, sign or preliminary development plan is modified, the town council, on the basis of the record transmitted by the planning director and such additional evidence as may have been submitted or addressed at the hearing before the council, shall make the findings prerequisite to the granting of: (1) a use permit prescribed in Chapter 18.26 of this title, Conditional Uses; (2) a variance prescribed in Chapter 18.28 of this title, Variances; (3) design review or sign approval prescribed in Chapter 18.30 of this title, Design Review; or (4) preliminary development plan prescribed in Chapter 18.18 of this title, Special Purpose Overlay Districts. The town council may remand the matter to the planning commission for its determination of appropriate conditions or the town council may make its own determination of appropriate conditions. If a member of the town council has called up a decision to be reviewed, that member shall have full participation rights in the hearing, unless actual bias or prejudice is otherwise shown.

(Ord. 860 § 1, 2001: Ord. 813 § 5, 1997: Ord. 785 § 3(b) (part), 1994)