17.89.120 Appeal notice and hearing before commission.
A. Upon receipt of a valid application appealing an action or determination of the zoning administrator, the clerk shall schedule an appeal hearing before the commission to be held within 45 days. All parties to the action or determination being appealed shall be provided with written notice not less than 15 days prior to the appeal hearing.
B. Written statements are to be submitted to the clerk as follows:
1. An appellant may file a written statement summarizing the facts and setting forth pertinent points and authorities in support of the points contained in the notice of appeal, provided such statement must be filed not less than 12 days prior to the date set for the appeal hearing.
2. Any interested party wishing to file a written statement in rebuttal to the appeal may do so, provided such statement must be filed not less than six days prior to the appeal hearing date.
C. At the hearing the order of presentation is as follows:
1. The zoning administrator shall summarize the issues and state his/her decision.
2. The applicant shall present his/her evidence, including witnesses and documents.
3. The zoning administrator shall present his/her evidence, including witnesses and documents.
4. The licensee may close his/her presentation.
5. The zoning administrator may close his/her presentation.
D. The commission, the applicants and the administration may question any witness. Any person may be represented by counsel. The applicant must prove the facts by a preponderance of the evidence. All hearings shall be tape recorded. Formal rules of evidence need not be followed.
E. A hearing, and any reconvening thereof, shall be open to the public.
F. Within 15 days following the hearing, the commission shall issue its decision in the form of written findings of fact and conclusions of law.
G. The findings of fact and conclusions of law shall reference specific evidence in the record and the controlling sections of this chapter and shall briefly explain the reasons for the decision. The commission may affirm, modify, vacate, set aside or reverse any decision brought before it for review, and may remand the case and direct the entry of such appropriate order, or require further proceedings to be had as may be justified under the circumstances.
H. The findings of fact and conclusions of law shall be signed by the presiding officer and filed with the clerk, who shall promptly mail a copy to the appellant. (Ord. 18-006 § 5, 2018)