Etna City Zoning Code

Notice of any public hearing required under the terms of this title shall be given at least 10 days prior to the first hearing by at least one publication in a newspaper of general circulation within the city, and by the U.S. Mail, postage prepaid, to all persons whose name and address appear on the latest adopted tax roll as owning property within a distance of not less than 300 feet from the exterior boundaries of the real property subject to the hearing. If there is no newspaper of general circulation, in lieu of publication, the public hearing notice shall be posted in three public places in the city in accordance with Government Code Section 65090.

Notwithstanding subsection A of this section, if a proposed amendment pursuant to Chapter 17.116 (Amendments) affects the permitted uses of real property, notice of the hearing shall be given at least 20 days prior to the first hearing.

Any defect or error appearing in such notice shall not divest the city council of jurisdiction nor invalidate any proceedings.

All interpretations and decisions of the city staff authorized by this title are subject to appeal in writing to the city council. Appeals of any administrative interpretation or decision shall be made by filing a written appeal with the city clerk within 10 calendar days after rendition of the city staff's decision. Such appeal shall be accompanied by the applicable fee provided in the fee schedule currently in effect in the city.

The city council shall hear and decide on the appeal within 45 days of filing the appeal and shall make findings supporting their decision on the matter. The city council may reverse, set aside, affirm, amend, or modify the action of staff, provided that the actions of the council are consistent with the general plan and are in compliance with city code. The council may also refer said matter back to staff for additional consideration or to obtain additional information. The decision of the city council shall be final on all matters.

No building permit shall be issued in any case where a conditional use permit is required by the terms of this title until after the period allowed for appeal. In the event of an appeal no such permit shall be granted until the matter has been finally approved by the city council. Building permits issued pursuant to this chapter shall conform to the terms and conditions of the conditional use permit granted.