The following is excerpted from Title 15 of the Truckee Municipal Code and the Truckee Development Code. If you feel you have been denied a permit due to the unfair application or mis-interpretation of a code, you may appeal using the following process.
15.02.070 Board of Appeals (Muni Code)
Appeal of any provision of this ordinance shall be made in accordance with this section. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The Town Council shall serve as the board of appeals, unless the Council by resolution appoints a different body to serve in such capacity pursuant to Health & Safety Code Section 17920.5. If a body other than the Town Council is appointed to serve as the board of appeals, the board shall hold office at the pleasure of the Town Council. The board shall adopt rules of procedure for conducting its business.
An application for appeal shall be based on a Title 15-5 claim that the true intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provision of this code does not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.
Qualifications: The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
CHAPTER 18.140 – APPEALS (Dev Code)
This Chapter provides procedures for appealing determinations and actions made by the Director,Zoning Administrator, or Commission.
18.140.020 – Allowable Appeals
Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows.
A. Director decisions. Any decision by the Director including zoning clearances, may be appealed to the Commission by any person.
B. Town Engineer decisions. Any decision by the Town Engineer may be appealed in compliance with Section 2.04.100 of the Truckee Municipal Code.
C. Zoning Administrator or Commission decisions. Any decision by the Zoning Administrator or Commission may be appealed to the Council by any person.
C. Town Manager’ s appeal of Zoning Administrator or Commission decisions. Any decision by the Zoning Administrator or Commission may be appealed to the Council by the Town Manager.
D. Council review/appeal. If an appeal has been filed by a member of the Planning Commission or Town Council, that appellant shall thereafter not participate in the consideration of the appeal by the body of which he or she is a member.
E. Statute of limitations. The decision of the Council shall be final on all matters unless an appeal is filed with the Superior Court of the County of Nevada within 30 days after the decision of the Council.
18.140.030 – Filing and Processing of Appeals
A. Timing and form of appeal.
- Appeals shall be submitted in writing, and filed with the Town Clerk, on a Town
application form, within 10 days from the date of the review authority’s action except as allowed by Section 18.140.020(D).
