The planning commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this title.

(Ord. 45-63 §9.3, 1963).

Except as specifically provided in this section, this title shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement, of any building or improvement; provided, however, in any instances where this title imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings or the use of any building or structure than is imposed or required by an existing law, ordinance or regulation, the provisions of this title shall control.

(Ord. 45-63 §9. 1, 1963).

Whenever the planning commission of the city is called upon to determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in a district, the commission shall consider the following factors as criteria for their determination:

A.

Effect upon the public health, safety and genera 1 welfare of the neighborhood involved and the city at large;

B.

Effect upon traffic conditions;

C.

Effect upon the orderly development of the area in question and the city at large in regard to the general planning of the whole community.

(Ord. 45-63 §9.2, 1963).

The applicant, mayor, city manager, city planning director, any city councilor, or any person with a record ownership, equitable, or possessory interest in real property any part of which is within three hundred feet of any project which is the subject of, or otherwise affected by, a decision of the planning commission, may appeal the decision to the city council by presenting a written request therefor at the office of the city clerk within five calendar days of the date of the planning commission's decision and by paying, within five calendar days of demand by the City Clerk, such fee therefor as may from time to time have been specified by resolution of the city council, provided, however, that no fee need be paid by any city officer filing such an appeal. Non-binding recommendations of the planning commission to the city council need not, and may not, be appealed.

(Ord. 45-63 §9.4, 1963).

(Ord. No. 458-2020, § 1, 2-13-2020)

Notice shall be given to the planning commission of such appeal, and a report shall be submitted by the commission to the city council, setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing.

(Ord. 45-63 §9.5, 1963).

The city council shall render its decision within forty-five days after the filing of the appeal provided, for in Section 18.40.040.

(Ord. 45-63 §9.6, 1963).