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A. The appeal shall be commenced by filing a written notice of appeal in accordance with Section 17.76.030. The appeal shall be conducted, and a decision issued, in accordance with Chapter 2.30, Land Use Hearing Examiner.

B. The appellant or any other party authorized to conduct activities or uses by the decision may commence activity or obtain other required approvals authorized by the decision of the hearing examiner on the appeal seven (7) days following the decision on the appeal. Activity commenced before the expiration of the full appeal period provided in Section 2.30.130 is at the sole risk of the applicant or other party.

Prior to the adoption of 6475 on 02/25/2009, Section 17.76.060 read as follows.

A. Upon receipt of a written statement in accordance with Section 17.76.030, the department shall schedule a public hearing for the next board of adjustment meeting where the appeal request can be accommodated and proper notice given as provided in Section 17.76.080. The department may establish deadlines for appeals, provided, however that deadlines shall not be established more than thirty (30) days prior to regularly scheduled board of adjustment meeting dates. The board of adjustment may limit the number of applications and appeals to be considered at a meeting as part of the board's rules of procedure.

B. The department shall prepare a written report stating the facts and conclusions on the decision or order that has been appealed. The department shall provide a copy of the report to the appellant at least seven days prior to the hearing date.

C. The board of adjustment shall conduct a public hearing on the application. The hearing shall be conducted as provided in Section 17.76.090. At the hearing, members of the board of adjustment may request additional information as is reasonably necessary to evaluate the appeal.

D. After the public hearing has concluded, the board of adjustment shall decide the appeal.

1. The decision may be made at the same public meeting as the public hearing or at another public meeting. The board of adjustment shall vote on the appeal within thirty-five (35) days of the initial public hearing date unless the appellant agrees in writing to an extension of time.

2. Decisions on appeals shall be based on the decision criterion in Section 17.76.070.

3. The board of adjustment may reverse, affirm or modify the decision or order of the department.

4. The board of adjustment shall adopt findings of fact and conclusions which support the decision on the appeal and any required conditions.

E. The decision of the board of adjustment and the findings of fact and conclusions shall be reduced to writing and mailed to the appellant by the department within seven days of the date of the decision.

F. The decision of the board of adjustment on the appeal is the final decision of the city and may only be appealed to superior court as provided in Section 17.72.120.

G. The appellant or any other party authorized to conduct activities or uses by the decision may commence activity or obtain other required approvals authorized by the decision of the board of adjustment on the appeal seven days following the decision on the appeal. Activity commenced before the expiration of the full appeal period provided in Section 17.72.110 is at the sole risk of the applicant or other party. (Prior code § 11.024.060)

Prior to the adoption of 6367 on 09/22/2004, Section 17.76.060 read as follows.

A. Upon receipt of a written statement in accordance with Section 17.76.030, the department shall schedule a public hearing for the next board of adjustment meeting where the appeal request can be accommodated and proper notice given as provided in Section 17.76.080. The department may establish deadlines for appeals, provided, however that deadlines shall not be established more than thirty (30) days prior to regularly scheduled board of adjustment meeting dates. The board of adjustment may limit the number of applications and appeals to be considered at a meeting as part of the board's rules of procedure.

B. The department shall prepare a written report stating the facts and conclusions on the decision or order that has been appealed. The department shall provide a copy of the report to the appellant at least seven days prior to the hearing date.

C. The board of adjustment shall conduct a public hearing on the application. The hearing shall be conducted as provided in Section 17.76.090. At the hearing, members of the board of adjustment may request additional information as is reasonably necessary to evaluate the appeal.

D. After the public hearing has concluded, the board of adjustment shall decide the appeal.

1. The decision may be made at the same public meeting as the public hearing or at another public meeting. The board of adjustment shall vote on the appeal within thirty-five (35) days of the initial public hearing date unless the appellant agrees in writing to an extension of time.

2. Decisions on appeals shall be based on the decision criterion in Section 17.76.070.

3. The board of adjustment may reverse, affirm or modify the decision or order of the department.

4. The board of adjustment shall adopt findings of fact and conclusions which support the decision on the appeal and any required conditions.

E. The decision of the board of adjustment and the findings of fact and conclusions shall be reduced to writing and mailed to the appellant by the department within seven days of the date of the decision.

F. The decision of the board of adjustment on the appeal is the final decision of the city and may only be appealed to superior court as provided in Section 17.72.110. The board of adjustment decision shall not be reconsidered, except as a new appeal. See Section 17.72.100 for time limits for filing new appeals.

G. The appellant or any other party authorized to conduct activities or uses by the decision may commence activity or obtain other required approvals authorized by the decision of the board of adjustment on the appeal seven days following the decision on the appeal. Activity commenced before the expiration of the full appeal period provided in Section 17.72.110 is at the sole risk of the applicant or other party. (Prior code § 11.024.060)

(Ord. 6592 § 23, Amended, 05/25/2016; Ord. 6475, Amended, 02/25/2009; Ord. 6367, Amended, 09/22/2004. Prior code § 11.024.060)