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A. Any interested party adversely affected by a decision or order of the planning commission, other than a recommendation to the city council regarding a rezoning or an amendment to this title, may appeal the decision or order to the administrative hearing officer by filing an appeal with the city clerk within fifteen (15) calendar days after the effective date of the decision or order. The appeal shall state with specificity the grounds for the appeal and include contact information for the appellant or the appellant’s representative.

B. Except as provided in subsection C of this section:

1. An appeal application shall include a nonrefundable filing fee of three hundred dollars ($300), and a deposit of five hundred dollars ($500) for the costs the appellant is required to pay under subsection (B)(2) of this section.

2. The appellant shall pay the cost of preparing the transcript of the proceedings before the planning commission and mailing the notices required by BMC 18.75.070. If such costs exceed the amount of the deposit paid by the appellant under subsection (B)(1) of this section, the appellant shall pay the excess to the city no later than the date written arguments are due, or the appeal will be dismissed; provided, that the city clerk may waive payment of an excess amount that is less than one hundred dollars ($100). The city shall return any unexpended part of the deposit to the appellant within thirty (30) business days after issuance of the administrative hearing officer’s decision.

C. Within the time for filing the appeal application, an appellant may request that the city waive payment of part or all of the fee and costs described in subsection B of this section because of the appellant’s indigence. The request shall include a sworn financial statement from the appellant and be submitted to the city clerk. The city clerk will grant or deny the request based on a determination whether the appellant is indigent.

D. If a final decision of the administrative hearing officer or a court on an appeal under this chapter reverses or remands the decision or order of the planning commission, the city shall refund to the appellant the filing fee and costs paid by the appellant under subsection B of this section. [Ord. 22-17 § 5, 2022.]