23.78.014

A. Any person substantially affected by or interested in the use criteria may appeal the decision to the Hearing Examiner within a period extending to 5 p.m. of the 14 th calendar day following the date of publication of the use criteria decision. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period shall run until 5 p.m. the next day that is not a Saturday, Sunday, or federal or City holiday. The appeal shall be in writing and shall state specifically why the appellant finds the criteria inappropriate or incorrect. B. Appeals of school use criteria shall be accompanied by payment of a filing fee as established in Section 3.02.125 . C. The Hearing Examiner shall consider the appeal in accordance with the procedure established for hearing contested cases in Chapter 3.02 . Notice shall be given not less than 20 days prior to hearing. D. Appeals shall be considered de novo. The decision on the evidence before the Hearing Examiner shall be made upon the same basis as was required of the Director of the Office of Planning and Community Development (OPCD). The interpretation of the OPCD Director shall be given substantial weight, and the burden of establishing the contrary shall be upon the appellant. The Hearing Examiner shall summarily dismiss an appeal without hearing which is determined to be without merit on its face, frivolous, or brought merely to secure a delay. E. The Hearing Examiner shall issue a decision within 14 days after closing the record and provide it on the same date to the parties of record and to all those who request notice in writing and provide an address for notice. F. The decision of the Hearing Examiner may affirm, reverse, or modify the OPCD Director's decision either in whole or in part. The Hearing Examiner may also remand the decision to the OPCD Director for further consideration. The decision of the Hearing Examiner shall be final and the applicant, appellant, and OPCD Director shall be bound by it. (Ord. 127358 , § 6, 2025; Ord. 123913, § 40, 2012; Ord. 117263 , § 58, 1994; Ord. 115906 , § 5, 1991; Ord. 110381, § 1, 1982.)